HomeMy WebLinkAboutcoa.lu.pu.Aspen Mt Pud Sec M.A042-02
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CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
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A042-02
2735-123-08004
Aspen Mountain PUD Section M Amendments
Fred Jarman/Joyce Ohlson
Amendment to Ordinance
Four Peaks Development
6/10/02
Ord. 15-2002
Approved
6/13/02
J. Lindt
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ORDINANCE No. 15
(SERIES OF 2002)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE SECTION M
AMENDMENTS TO THE FIRST AMENDED AND RESTATED PLANNED UNIT
DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN
PUD/SUBDIVISION THEREBY GRANTING AN EXTENSION OF THE
CONSTRUCTION DEADLINES, ASPEN, COLORADO.
WHEREAS, on October 3,1988, City Council approved the Planned Unit Development
/Subdivision Agreement for the Aspen Mountain Subdivision; and,
WHEREAS, the Agreement defined a construction schedule for the development of the
Aspen Mountain Subdivision (Lots 3 and Lot 5); and,
WHEREAS, the Agreement has been amended several times as the construction
schedule has been adjusted, (most recently pursuant to Ordinance # 8, Series of 1998, Ordinance
#38, Series of 1999, and Ordinance #53, Series of2000); and,
WHEREAS, Grand Aspen Lodging, LLC, represented by Four Peaks Development,
purchased the property from Savanah Limited Liability Partnership on January 11, 2000; and,
WHEREAS, Four Peaks Development, submitted a written petitions on April 26, 2002
and May 31, 2002, to the Community Development Director for City Council action pursuant to
Section M of the First Amended and Restated Planned Unit Development/Subdivision
Agreement ("PUD Agreement") for the Aspen Mountain Subdivision, seeking specific
extensions in the construction schedule and some language modifications; and,
WHEREAS, Four Peaks Development has provided in said petitions a rationale and
justification for the requested Section M amendments, and,
WHEREAS, pursuant to the Agreement and an amendment made thereto by Ordinance
#38, Series of 1999, Savannah (owner of Lot 3 and Lot 5 prior to Grand Aspen Lodging, LLC)
met the demolition permit application submission deadline of October I, 2000 for the demolition
of the Grand Aspen Hotel; and,
WHEREAS, the applicant has requested to extend the construction deadlines to be more
in keeping with Four Peaks Development's projected construction timelines; and,
WHEREAS, because of potential construction timing impacts that may result from a
pending lawsuit (a circumstance beyond the control of the applicant), and a proposed PUD
Amendment to the Bavarian Inn Affordable Housing PUD, the City Council finds it appropriate
to extend construction and other related development dates; and,
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WHEREAS, Four Peaks Development wishes to move forward with the construction of
all of the buildings on Parcel 2 (townhomes) of the Bavarian Inn Affordable Housing PUD
project while a revised proposal for Parcel I (inn) of that project is processed by the City. The
Parcel 2 element of the development will be referred to as "Phase I" of the project and Parcel I
will hereinafter be referred to as "Phase II" of the project; and,
WHEREAS, Four Peaks Development will proceed with recordation of the approved
Bavarian PUD plan as reflected in Ordinance 21, Series 200 I, and future changes to Phase II will
be processed as an amendment to those recorded documents; and,
WHEREAS, the City of Aspen City Council, by a vote of five to zero (5 - 0), approved
an amendment to the Section M Amendments of the First Amended and Restated Planned Unit
Development/Subdivision Agreement ("PUD Agreement") for the Aspen Mountain Subdivision,
seeking specific extensions in the construction schedule; and,
WHEREAS, the City Council finds that this ordinance furthers and is necessary for the
public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1
The Aspen City Council does hereby amend the Section M amendments executed in June 1990,
June 1991, August 1992, October 1992, February 1993, June 1995, February 1998, March 1998,
September, 1999, and December 2000 to include the following "Whereas" statements:
WHEREAS, Grand Aspen Lodging, LLC, represented by Four Peaks Development,
purchased the property from Savanah Limited Liability Partnership on January II, 2000; and,
WHEREAS, Four Peaks Development met the required demolition timetable for the
former Grand Aspen Hotel as stated in the Section M Amendments; and,
WHEREAS, after detailed investigation into remodeling the existing Bavarian Inn, Four
Peaks Development determined that it is preferable to demolish the existing Bavarian Inn and
rebuild a new structure on the existing foundation, or is willing to discuss with the City another
mutually acceptable location on Parcel 2; and,
WHEREAS, Four Peaks Development has submitted a Land Use application in April,
2002 to the City to gain approval to replace the existing Bavarian Inn with a new structure and
the City Community Development Staff has requested amendments to the site plan of that
project; and,
WHEREAS, Four Peaks Development wishes to move forward with the construction of
all of the buildings in Phase I of the Bavarian Inn Affordable Housing POD project while the
proposal for the new Bavarian Inn is processed by the City. "Phase I" of the project will include
the four units in "Building W", and the five units in "Building S" as labeled on the Final PUD
Development Plan. PhaseU will hereinafter refer to those building(s) located on Parcel 2.
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Section 2
The Aspen City Council does hereby amend the construction schedule deadlines as set forth in
Section A(2) of the PUD Agreement, and as previously amended by those Section M
amendments executed in June 1990, June 1991, August 1992, October 1992, February 1993,
June 1995, February 1998, March 1998, September, 1999, and December 2000 to provide as
follows:
1. Lot 5, Grand Aspen Hotel site
a) Building Permit Application Submission: Within one hundred and eighty (180) days
after recordation of all final Aspen Mountain PUD documents. Submission before
recordation is allowed.
b) Certificate of Occupancy: Within thirty (30) months after commencement of
construction, but no sooner than the receipt of a certificate of occupancy for both phases
of the Bavarian Inn Affordable Housing PUD project. A certificate of occupancy will be
issued upon satisfaction of the Chief Building Official. Commencement of construction
shall be considered as when the first concrete pour for the foundation occurs.
2. Lot 3, Top of Mill
a) Permit Applications for Infrastructure and Removal ofFill Material:
Submit application(s) within thirty (30) days after recordation of all final Aspen
Mountain PUD documents. Submission before recordation is allowed.
b) Building Permit Applications for Parcels 3, 4, 5, 6, 7, and 8:
At owner's discretion, but no sooner than the issuance of a building permit for Phase I
of the Bavarian Inn affordable housing project.
c) Certificate of Occupancy for the Parcell Multi-Family Free Market Units:
No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable
housing units of Lot 3, Top of Mill.
d) Certificate of Occupancy for the Free Market Units on Parcels 3, 4, 5, 6, 7 and 8:
No sooner than the receipt of a certificate of occupancy for an on-site accessory dwelling
unit or upon the payment of the applicable affordable housing impact fee.
3. Bavarian Inn Affordable Housing Project
a) Building Permit Application: Building permits for Phase I shall be applied for
within ninety (90) days after recordation of the originally approved PUD documents.
Building permits for Phase II shall be applied for within ninety (90) days after
recordation of the amended PUD documents for Phase II or within ninety (90) days of
the denial of a PUD amendment by the City Council for changes to Phase II.
b) Commencement of Construction: Within thirty (30) days after receipt of building
permits for each phase of the Bavarian Inn project but no sooner than the recordation of
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all final Aspen Mountain PUD documents. However, should said permit fall within the
months of December I st to March 31 st, then commencement shall begin no later than
by May 1st of that year.
c) Certificate of Occupancy: Within eighteen (18) months of the date of commencement
of construction as set forth in paragraph b. above. A certificate of occupancy will be
issued upon satisfaction ofthe Chief Building Official.
Section 3
The amendments as provided in Section 1 of this ordinance shall be reflected in a written
amendment document approved by the City Attorney between the City of Aspen and Four Peaks
Development which shall be executed and filed in the records of the Pitkin County Clerk and
Recorder's Office.
Section 4
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason
held invalid or unconstitutional by any court of competent jurisdiction, such provision and such
holding shall not affect the validity of the remaining portions thereof.
Section 5
This ordinance shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 6
A public hearing on the ordinance shall be held on the loth day of June, 2002, at 5:00 p.m. in the
City Council Chambers, Aspen City Hall, 130 South Galena, Aspen, Colorado. Fifteen (15) days
prior to said hearing a public notice of the same shall be published once in a newspaper of
general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 13th day of May, 2002.
Helen Kalin Klanderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed, and approved this 10th day of June 2002.
Helen Kalin Klanderud, Mayor
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ATTEST:
Kathryn S. Koch, City Clerk
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ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (El. ASPEN LAND USE CODE
ADDRESS OF PROPERTY: 4-M ~u. ~ . ~rp c'f/()(A /!ien, CO
SCHEDULED PUBLIC HEARING DATE: S0\ lA...o 10 ,200J.-
,
STATE OF COLORADO )
) 55.
County of Pitkin )
I, o~ ~ 0... ~ <, 1---1 \ LA c>)t- (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certl[~V that I have complied with the public notice requirements of Section 26304.060
(E) ul' the Aspen L,md Use Cude in tile' 1"liuwing manner:
_Viwli,oUriO!l o/l/oticeo By the publicati,)n in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at kast [if teen (15)
days prior to the public hearing. A copy o/rhe publicurion is ulluchedOzereroo
Posring o/norice: By posting of notice, which [,nm was obtained frol~ the
Commuhity. Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed ofletters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the ...f- day of
,200_, to and including the date and time oflthe public
hearing. A photograph of the posted notice (sign) is attached hereto.
_ idailing of notice . By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi-govemmental agency that
owns property vvithin three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
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Bavarian Inn
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Project Summary
With Section M Revisions (phases 1 and 2)
Proposed Phase 1:
# of units* 1 TV1>e* SQ ft*
Parcel 2:
8th Street multi family:
1 3bdrm TH 1,330
1 3bdrm TH 1,460
1 3bdrm TH 1,490
1 3bdrm TH 1,510
Main street Multi family:
1 1 bdrm flat 600
2 2 bdrm TH 1,040
2 3bdrm TH 1,324
Proposed Phase 2:
# of units* TV1>e* SQ ft*
Parcell
Remodeled BI: 3 Studio 430
1 Studio 530
1 1 bdrm 570
1 2 bdrm 980
1 3 bdrm 1,170
1 3bdrm 1,160
Bleeker Street Duplex: 1 2 bdrm TH 1870
1 3 bdrm TH 11,312
* From Final PUD application dated 12/1/2000 submitted by Savanah.
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MEMORANDUM
To:
Mayor and City Council
Thru:
Julie Ann Woods, Community Development Director
Joyce Allgaier Ohlson, Deputy Director
From:
Fred Jarman, Planner
Date:
June 10, 2002
Re:
Ordinance No. 15, Series 2002: Amending Aspen Mountain PUD
Development Dates--("Section M Amendments") - Public Hearing -Second
Reading
Summary
Grand Aspen Lodging, LLC, represented by Four Peaks Development, is requesting approval
from the City Council to amend the Section M Amendments of the Aspen Mountain PUD
(hereinafter "AMPUD"). The purpose of the amendment is to alter permit application,
construction, and certificate of occupancy dates for the three projects, due to a pending lawsuit
and proposed amendments to the Bavarian Inn Affordable Housing PUD. Staff recommends the
City Council approve the requested changes as put forth in the attached Ordinance No.15.
Background
The Section M Amendments are a formal part of the AMPUD approvals, outlining the
demolition, permit application, construction, and certificate of occupancy dates regarding
development on Lot 3 (aka "Top of Mill" site), Lot 5 (aka "Grand Aspen" site), and the Bavarian
Inn Affordable Housing PUD projects.
Grand Aspen Lodging, LLC would like to amend the Section M Amendments for two primary
reasons:
A) Immediately following approval for Lot 5 of AMPUD, Four Peaks Development has
been engaged in a lawsuit which has made it difficult to achieve construction financing
which may impact the timing on the approved development schedule for the Grand
Aspen project; and
B) Following extensive investigations of the existing Bavarian Inn structure, Four Peaks
Development determined that it is preferable to demolish the Bavarian Inn and rebuild
rather than conducting extensive remodeling of the existing Bavarian Inn. Due to this
finding, Four Peaks Development recently submitted a land use application to the City to
gain approval to replace the exiting Bavarian Inn with a new structure. In addition, Staff
has recently requested that Four Peaks reevaluate the new Bavarian Inn site plan.
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Four Peaks Development requests to move forward with the construction of all of the
other three buildings in the Bavarian Inn project while the City processes the proposal for
the new Bavarian Inn. This element of the development will be referred to as "Phase 1"
of the project and includes the 11 townhome units. "Phase 2" refers to the new Bavarian
Inn building.
Discussion
Specifically, the requested amendments are due to potential construction timing impacts that may
result from a pending lawsuit and a proposed PUD Amendment to the Bavarian Inn affordable
housing project. Staff has provided the current and binding Section M Amendment language
below with the modifications proposed by the Applicant. Language to be deleted has been
indicated by being stricken through. Language to be added has been underlined. Additional
comments by Staff for the analysis of this request are provided in italics following each
provision. Lastly, Staff has provided a recommended action to City Council for each request
below.
Section 1:
1. Lot 5, Grand Aspen Hotel site
a) Demolition Time Table: Commellcement to occur on or before :\pril Hi, 2001 mth
completion no later than Jtl~Y 31, 2001. f.n initial meeting sllall occur between
Sa'lannah and the adjacent neighbors by Jaffilary 31, 2000 to discllss the demolition
process. [Four Peaks Development would prefer to delete this language because the
demolition has been completed.]
~ Staff Recommendation to City Council on this request: Approve request.
;!b.)Building Permit Application Submission: Within one hundred and eighty (180) days
after recordation of all final Aspen Mountain PUD documents. Submission before
recordation is allowed. [Four Peaks Development was able to submit building plans for
review at the request of the City's Building Department prior to recordation because of
additional time it may take to review the plans. Four Peaks would like to add language
that allows submission of the building permit application, prio rto the recordation of all
final AMPUD documents. Stafffeels that any permit review is done at the Applicant's
risk in that no permits shall be issues until all the PUD documentation has been
recorded.]
~ Staff Recommendation to City Council on this request: Approve request with
suggested changes.
QG.)Certificate of Occupancy: Within thirty (30) months after commencement of
constructionissuance of a building permit, but no sooner than the receipt of a certificate
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of occupancy for both phases of the Bavarian Inn affordable housing project. [The
lawsuit is impacting Four Peaks Development's ability to get construction financing so
they cannot exactly predict when project commencement will occur. They indicate that
they are still able to meet the 30-month construction time line. In addition, Staff would
like to include language that requires the City's Chief Building Official to determine to
his satisfaction when certificate of occupancy is ready to be issued.}
~ Staff Recommendation to City Council on this request: Approve request with
suggested changes.
2. Lot 3, Top of Mill
a) Permit Applications for Infrastructure and Removal of Fill Material:
Submit application( s) within thirty (30) days after recordation of all final Aspen
Mountain PUD documents. Submission before recordation is allowed. [Again, as with
the Grand Aspen, Four Peaks Development was able to submit building plans for
review at the request of the City's Building Department prior to recordation because of
the additional time it may take to review the plans. Four Peaks would like to add
language that allows submission of the building permit prior to the recordation of all
final AMPUD documents. Stafffeels that any permit review is done at the Applicant's
risk in that no permits shall be issued until all the PUD documentation has been
recorded. ]
~ Staff Recommendation to City Council on this request: Approve request with
suggested changes.
b) Building Permit Applications for Parcels 3, 4, 5, 6, 7, and 8: At owner's discretion,
but no sooner than the issuance of a building permit for Phase I of the Bavarian Inn
affordable housing project. J3uildin~~!l11it submittal for Phas.e I shall be made no
L!!t<crJp.an June 24~ 2007-~ [Phase 2 is the new Bavarian - and that element is guaranteed
with its linkage to the Final Inspection at the Grand Aspen. Staff understands the
request to break up the Bavarian Inn project into two phases, but remains concerned
that even the current language in the Section M Amendments is vague regarding the tie
of the completion of the Bavarian to any development activity on Lot 3. As a result, Staff
recommends that the language regarding issuance of a building permit remain as
opposed to submission for a permit as requested by the Applicant.}
~ Staff Recommendation to City Council on this request: Deny request & keep
currently adopted language modified to reflect the separation of the Bavarian
into Phase 1 and II.
c) ~rtificate of Occupancy Final Inspection for the Parcel 1 Multi-Family Free I
Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2
affordable housing units_QL!h~..~_!!.y_~i!'l!lJ!!!LAf.fQrs!~!?l.<;JiQl!gggr!JQ.P!'Qjces:!. [Staff I
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requested this change in language from "Co." to "Final Inspection" because CDs are
a function of financing. More specifically, if a purchaser does not need financing and
pays cash for the free market units, they would not need a Co. Therefore; the Final
Inspection will be the trigger, as all projects require a final inspection.
~ Staff Recommendation to City Council on this request: Approve request.
d) Final Inspection for the Duplex Free Market Units on Parcel~ 3, and the Single
Family Free Market Units on Parcels 4, 5, 6, 7 and 8: No sooner than the receipt of a
certificate of occupancy for an on-site accessory dwelling unit or upon the payment of
the applicable affordable housing impact fee. [There is no real change in this language;
the fact that only a duplex can be constructed on Parcel 3, and single-family dwellings
can be developed on lots 4-8 has already been represented in the application. Further,
the owners of those lots are required to mitigate for AH].
~ Staff Recommendation to City Council on this request: Approve request.
3. Bavarian Inn Affordable Housing Project
a.) Building Permit Application: Ph1!$e 1-~" buildigK.Jlel1!!i.Lf2I- Phas",..L(Pm:~~L.~..:
!().~o.!!l~~..sh'!!Lbe .'IJldi~<:!.19Lno lat~.L"than Jl1ll~ 24L~_QQ~,Within ninety (90) days
a&r-recordation of all final Bavarian Inn Affordable Housing Project PUD documents.
b.) ~!!!Jdi!l.g. Permit Application: Phase 2-A .buildi!!K pelll!!t for Phas~_L(E'!f_c~U:inn.2
sh'!.ll.be '!2Pl!ed lQr wi~i.n nine!y__(201..Q'!YS..ilft~LreCord..'l!i.9.!L9f_~",p..<:!.ed P!2Q
Q9SClJIIlents that reJect Phase 2 amendmen(~ppro~1!!~As recordation will be delayed
while the new Bavarian Inn is processed, Pour Peaks Development would like the
ability to get Phase I going as soon as possible. Again, Staff feels that submittal of
building permit application may be done, however, any permit review is done at the
Applicant's risk in that no permits shall be issued until all the PUD documentation has
been recorded. This does allow for the developer to move forward on Phase I}
~ Staff Recommendation to City Council on this request: Approve request.
<::,l.Commencement of Construction: Within thirty (30) days after receipt of building
permit for each Phase of the Bavarian Inn project but no sooner than the recordation of all
final Aspen Mountain PUD documents. However, should said permit fall within the
months of December I st to Maryh 31 st th.en cqmmencementshall begin no later than by
May 1st of that year. [The Applicant would like to move forward with Phase I of the
Bavarian Inn affordable housing project while the City reviews the proposed amendment
to the Bavarian Inn PUD in order to demolish and reconstruct a new Bavarian Inn
structure. The Applicant has submitted the application requesting to amend the Bavarian
Inn PUD and is scheduled for review by the Planning and Zoning Commission on May
21st}
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~ Staff Recommendation to City Council on this request: Approve request.
4l Certificate of Occupancy: Within eighteen (18) months of the date of commencement
of construction as set forth in paragraph b. above. [Staff would like this language to be
amended to include "and upon approval of the Chief Building Official. "J
~ Staff Recommendation to City Council on this request: Approve request as
amended.
Additional Staff Comments:
Staffs main concern regarding modifications to the Section M Amendments is that the
commitment made by Four Peaks Development to complete the Bavarian Inn affordable housing
project continues to be memorialized and honored. More importantly, the intent of the Bavarian
Affordable Housing project concept was not only as mitigation for the Grand Aspen Hotel, but
also the result of a commitment made by the previous owner, Savanah, to satisfy, in part, the
commitment to provide to the community additional affordable housing as part of the vote for the
Ritz Carlton approval.
These proposed amendments recognize that Savanah / Four Peaks Development met the
provision requiring the demolition of the old Grand Aspen Hotel. These proposed amendments
also continue to tie the completion of the Bavarian Inn affordable housing project to the
completion of the new Grand Aspen project. Lastly, these proposed amendments break up the
construction of the Bavarian Inn into two phases so that work may begin on the townhome
buildings while the main Bavarian Inn structure returns to the City for review of its demolition
and site plan changes to allow a new structure to be built in its place.
Staff finds while these proposed amendments do not significantly jeopardize the commitment
made to the City of Aspen by Four Peaks Development to complete the Bavarian Inn affordable
housing project in conjunction with Lot S, Staff remains concerned that if the new Grand Aspen
is never realized, then the Bavarian Inn project would never be completed. Further, Staff finds
the currently adopted Section M Amendments contain language that is vague regarding Lot 3 in
connection to the Bavarian Inn project, but is more restrictive than the proposed language
submitted by the Applicant. Staff recommends the existing language remain unchanged.
Staff Recommendation
Staff recommends City Council approve amendments to Section M of the First Amended and
Restated Planned Unit Development/Subdivision Agreement for the Aspen Mountain
PUD/Subdivision with the conditions stated herein and as put forth in the attached Ordinance No.
IS, Series of 2002.
Recommended Motion:
"I move to approve Ordinance No. IS, Series of 2002, amending Section M of the First Amended
and Restated Planned Unit Development/Subdivision Agreement for the Aspen Mountain
PUD/Subdivision with the conditions stated herein."
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City Manager Comments
Attachments:
Exhibit 1:
Exhibit 2:
Exhibit 3:
Current Section M Amendments
Ordinance No. 53, Series of2000
Applicant's petitions (Letters dated April 26 and May 31, 2002)
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EXHIBIT 1
A.1.,1El'DED REQUEST FOR SECTION M AMENDMENT TO ASPEN
. MO'f..,'NTAIN POD
Submitted by Sav<lJ1ah Limited Partnership
November 16,2000
This request to amend cerlain construction and other dates Contained in the Aspen
Mountain PUD (the PUD), and in Ordinance 38 of 1999, is made pursuant to Section M
of the PUD.
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Savanah Limited Partnership and the City of Aspen have b~en engaged in the approval
process for the final parcels contained in the PUD, Lots J (Top of the Mill) and 5 (the
Grand Aspen Hotel) and rh~ Bavarian Inn for many months. Separate from that teview
proc~ss but r~lated to it, Savanah and th~ City have agreed UpOrl a number of dates from
time to time that relate to how arld wherl those three parc~ls would be processed.
approved and built The most recent agreement on those dates is contairled in Ordinance
38 of 1999.
When those dates were agreed to in September of 1999, both Savanah and the City had to
estimate when conceptual and tirlal approvals for the three sires would be received. Given
that estimate, other dates were then established for various building permits. cerlificates
of occupancy, etc. on the three parcels.
Conceptual approvals for" all three sites were received on December 6. 1999. Under the
Aspen land use code, Savanah has until one year after that date, i.e., December 6. 2000,
to submit the final applications for each sito:), Given the complexity of the architectural
and engineering work required for each final submission, Sav<lJ1ah will not be submitting
the final approval applications until, or just before, December 6, 2000.
Now that the final submission d<ltes are more accurately predicted, it can also be
estim:lted that final approvals will not likely be received until sometime in the fall of
200 I. TIllS being the case, all of the dates contuined in Ordinance 38, with the exception
of the Grand Aspen demolition date, are unattaln:1ble bY:1 wide m<lrgin.
It should also be noted that each of the properlies in question are under contract for sale
by Savannh. However, due to the unpredict:lbility of any such transaction, Savanah has
been proceeding with all its various development consultants to process and prepare the
final applications with all appropriate priorily to meet the December 2000 deadlines.
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2.
1. Section L oflhe PUD, Reconstruction Crcdits
Section L of the PUD contains provisions relating to the use of reconstruction credits.
Deadlines for using thcm have been extended throughout the processing of the pun, until
such time as it becomes clear on how they might be implemented. The last time they
were extended was in 1998 through Ordinance 8. A/1 reconstruction credits associated
with Lots3 and 5 were extended in that Ordinance until one (I) year from the date of
issuance of the demolition permit for the Grand Aspen Hotel.
i
Now that we have a much more accurate understanding of how these various properties
will be approved and then constructed, we are hereby requesting that all remaining
reconstruction credits in the PUD be extended for five years after the date of final
approvals for Lots 3 and 5. This is consistent with the exisring land use code that allows
for reconstruction wllhin five years of demolition of the units" Given the complcx and
lenb'Thy approval process needed to determine how these credits could be used, we think
it is reasonable to treat the credits as requested.
II. Grand ^spen Demolition Permit Date:
The PUD stipulates that if the demolition of the Grand Aspen were to fall in the ski
season, then it can be postponed until after that season. Since the current rcquircment of
obtaining the demolition permit by October I, 2000 wouid place the demolition in that
period, Savanah and the City have agreed that the demolition will not commence until
after the lifts close in April 2001. (See attached letter from Julie Ann Woods of
September 25, 2000)
Nonetheless, in ordcr to mcet the requirement of obtaining the demolition permit,
Savanah submitted a complete demolition permit application through its demolition
contractor to the Aspen Building Department thc week of September 18, 2000. The
processing of the permit took a number of weeks to complete and by October 30,2000 all
requirements, except for one, for the issuance of the permit had been me!. "[he only
outstanding matter is the asbestos abatement that must be completed and certified by the
Stare before a demolition permit can be issued. Since it is possible that work may not take
place until April of 2001 as pan of the overall demolition, the pcnnit will not actually bc
issued until that time. Accordingly, Savanah is requesting an extension of the requirement
to obtain the pennit until the spring of200 i. Please see the attached lettcr from the City
of November ]6, 2000 on this subject.
. III. Othcr Dates:
Now that the various site development plans are more precisely defincd due to the
conceptual appro~als, more accurate building and construction dates can bc estimated.
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Thus, the fOllowing proposed dates for building permit applicntions, commencing
construction and certilicntcs of Occupancy are more specific than those dates found in
Ordinance 38.
Several items should be nOled about these proposed dates. First, the total construction
time for each parcel is the same as that used in Ordinance 38. Second, all affordable
housing will continue to be built (certificate of OCcupancy) or obligations met (cash in
lieu, etc.) concurrent with or before all frce market units receive their final inspection.
The specific requested dates for Lots 3 and 5 and the Bavarian are as follows:
1. Lot 5, Grand Aspen Hotel Site
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a) Demolition Permit:
No Jater than the spring of2.00 1 as per the artached lerter from the City
b) Demolition Time Table
Commence asbestos abatement work no later than April 16,200 J, with
demolition to be completed no later than July 31,2001.
c) Building Permit Application
Within one hundred and eighty (180) days after the recordation of all final
PUD documents.
d) Certificate of Occupancy
Within thirty (30) months after issuance of bUilding permit, but no Sooner
than the receipt of a certificate of Occupancy for the Bavarian 1nn project.
2. Lot 3, Top of Mill
a) Permit Application(s) for InfrJlStructure and Removal of FiJI Material
Submit said application(s) within thirty (30) days after recordation of all
linal PUD documents.
b) Building Permit Applications
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At owner's discretion, but no SOoner than the issuance ora building permit
for thc Bavarian Inn affordable housing project.
c) Certificate of Occupancy forthe Parcell Multi-Family Free Market Units
No sooner than the receipt of a certificate of occupancy for the Parcel 2
affordablc housing units.
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d) Certificates of Occupancy for the Duplex Free Market Unit on Parccl 3 and the
Single-Family Free Market Units on Parcels 4. 5,6, 7 and 8.
No Sooncr than the reccipt of a certificate of occupancy for an on-site
accessory dwelling unit or upon the payment of the applicable affordable housing impact
fee.
3. Bavarian Inn Affordable Housing Project
a) Building Permit Applieation
documents
Within ninety (90) days after recordation of all final PUD Bavarian Inn
b) Commencc Construction
Within thirty (30) days after receipt of building permit for Bavarian Inn
project but no SOoner than the recordation of all final PUD documents for Lots 3 and 5.
However, should such date fall between December I and March 31, then construction
may commence as late as May I of that year.
c) Certi ficate of Occupancy
Within eighteen (18) months of commenccment of construction as set
Forth in paragraph (b) above.
Given what we know today about the likely final approval timetable, Savanah is
confident these dates are realistic and achievable. Thus, we respectfully request a hearing
before the City Council to consider all these matters. Thank you.
,
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ORDINANCE # 53
(SERIES OF 2000)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING AN
EXTENSION OF THE CONSTRUCTION DEADLINES AND
RECONSTRUCTION CREDITS THEREBY AMENDING
SECTION L AND M AMENDMENT TO TIlE FIRST AMENDED AND
RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVIS10N AGREEMENT
FOR THE ASPEN MOUNTAIN SUBDIVISION, ASPEN, COLORADO.
WHEREAS, on October 3, 1988, City Council approved the Planned Unit
. Development/Subdivision Agreement for the Aspen Mountain Subdivision, and
WHEREAS, the Agreement defined a construction schedule for the development
of the Aspen Mountain Subdivision (Lots 3 and Lot 5) and included dates by which the
reconstruction credits would expire, and
WHEREAS, the Agreement has been amended several times as the construction
schedule has been adjusted, (most :ecently pursuant to Ordinance # 8, Series of 1998 and
Ordinance #38, Series of 1999); and
WHEREAS, Savanah Limited Liability Partnership ("Savannah") submitted a
written petition on September 26, 2000, amended October 11, 2000, and November 16,
2000, to the Community Development Director for City Council action pursuant to
Section M of the First Amended and Restated Planned Unit Development/Subdivision
Agreement ("POD Agreement") for the Aspen Mountain Subdivision, seeking specific
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extensions in the construction schedule and reconstruction credit dates; and
WHEREAS, Savanah has provided in said petitions a rationale and justification
for the requested Section L and Section M ame~dments, and
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450415 01/11/2001 08:41A OROINANC DAVIS SILVI
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WHEREAS, pursuant to the Agreement and an amendment ma.de thereto by
Ordinance #38, Series of 1999, Savannah has met the demolition permit application
submission deadline of October 1, 2000 for the demolition of the Grand Aspen Hotel; and
c . WHEREAS, the applicant has requested to extend the construction deadlines and.
reconstruction credits to be more in keeping with Savannah's projected development
review process, POD approval timelines of the City and the projected construction
timelines; and
WHEREAS, Savannah submitted a "Conceptual POD Development Plan!
Subdivision Application" for the Top of Mill site (Lot 3), Grand Aspen site (Lot 5) and
the Bavarian Inn site and received conceptual approval from the City Council for all
three development sites on December 6, 1999 and Savannah has indicated their intention
to submit final applications for these sites by the deadline of December 6,2000, requiring
detailed engineering and architectural plan submissions; and
WHEREAS, because of the length of the PUD review process and the necessity
of extensive public review (a circumstance beyond the control of the applicant), City
Council finds it appropriate to extend construction and other related development dates
and reconstruction credit dates, and
WHEREAS, the City Council fInds that this ordinance furthers and is necessary
for the public health, safety, and welfare, and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
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450415 01/11/2001 08:41R ORDINRNC. ORVIS SILVI
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Section 1:
The Aspen City Council does hereby amend Savannah's construction schedule deadlines
as set forth in Section A 2 of the PUD Agreement, and as previously ameilded by those
Section M amendments executed in June 1990, June 1991, August 1992, October 1992,
February 1993, June 1995, February 1998, March 1998 and September, 1999, to provide
as follows:
1. Lot 5, Grand Aspen Hotel site
a) Demolition Time Table:
Commencement to occur on or before April 16, 2001 with completion no later
than July 31, 2001. An initial meeting shall occur between Savannah and the
adjacent neighbors by January 31, 2000, to discuss the demolition pr?cess.
b) Building Permit Application Submission:
Within one hundred and eighty (180) days after recordation of all final Aspen
Mountain PUD documents.
c) Certificate of Occupancy:
Within thirty (30) months after issuance of a building permit, but no sooner than
the receipt of a certificate of occupancy for the Bavarian Inn affordable housing
proj ect.
2. Lot 3, Top of Mill
a) Permit Applications for Infrastructure and Removal ofFill Material:
Submit application(s) within thirty (30) days after recordation of all final Aspen
Mountain PUD documents.
b) Building Permit Applications:
At owner's discretion, but no sooner than the issuance of a building permit for the
Bavarian Inn affordable housing project.
c) Certificate of Occupancy for the Parcell Multi-Family Free Market Units:
No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable
housing units.
d) Final Inspection for the Duplex Free Market Units on Parcel 3 and the
Single-Family Free Market Units on Parcels 4, 5, 6, 7 and 8:
No sooner than the receipt. of a certifica:fe of occupancy for an on-site accessory
dwelling unit or upon the payment of the applicable affordable housing impact
fee.
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450415 01/11/2001 08:41A ORDINANC DAVIS SILVI
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3. Bavarian Inn Affordable Housing Project
a) Building Permit Application:
Within ninety (90) days after recordation of all final Bavarian Inn Affordable
Housing Project PUD documents.
b) Commencement of Construction:
Within thirty (30) days after receipt of building permit for Bavarian Inn project
but no Sooner than the recordation of all final Aspen Mountain PUD documents.
However, should said permit fall within the months of December 1 Sl to March 31"
then commencement shall begin no later than by May I" of that year.
c) Certificate of Occupancy:
Within eighteen (18) months of the date of commencement of construction as set
forth in paragraph b, above.
Section 2:
The Aspen City Council does hereby amend Section L of the POD Agreement to grant
an extension of the usage for the reconstruction credits as follows:
"Any reconstruction credits to be reconstructed on Lots 3 and 5 are extended until five (5)
years from the date of the final POD approval of the Aspen Mountain PUD. 111ese
credits shall not confer any exemption from the affordable housing requirements as may
be identified during the approval process."
Section 3:
The amendments as provided in Section I and Section 2 of this ordinance shall be.
reflected in a written amendment document approved by the City Attorney between the
City of Aspen and Savannah Limited Partnership which shall be executed and filed in the
records of the Pitkin County Clerk and Recorder's Office.
Section 4:
If any section, subsection, sentence, clause, phrase or portion of this ordinance is
for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such provision and such holding shall not affect the validity of the remaining portions
thereof.
Section 5:
.,
j This ordinance shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
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repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
Section 6:
A public hearing on the ordinance shall be held on the 11th day of December, 2000,
at S:OO p.m. in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen,
Colorado. Fifteen (1S) days prior to said hearing a public notice of the same
shall be published once in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by
the City Council of the City of Aspen on the 27th day of November, 2000.
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FINALLY adopted, passed, and approved this 11"' day of December, 2000.
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AMENDMENT TO THE FIRST AMEHDED AND RESTATED
PLANNED UNIT DEVELOPMENT/SUBDIVISION
AGREEMENT FOR THE ASPEN MOUNTAIN SUBDIVISION
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THIS AMENDMENT to the First Amended and R.-estated Planned Unit j~
Development/Subdivision Agreement for the Aspen Mountain Subdivision ("PUD Agreement"),
being entered into between the City of Aspen, Colorado ("City") and Savanah Lirillted
Partnership ("Savanah" or "Owner") on this 5 th day ofD"",,,,b,,,, :838, provides as follows:
.:.~.nuary. 2001
RECTI AT",~
WHEREAS, Savanall submitted a written petition on September 26, 2000, amended
October 11, 2000 and November 16, 2000, to the Community Development Director for City
Council action pursuant to Section M of the PUD Agreement seeking certain specific extensions
in the construction schedule and rcconstruction credit dates; and
WHEREAS, hearings were conducted before the Ci.y Council on November 27, 2000
and December I 1,2000, during which Savanah successfuiiy demonstrated the reasons
necessitating the extensions in the existing construction schedule and reconstruction credit dates;
and
WHEREAS, Section M of the pun Agreement r:itthori7.es extension of the time periods
for construction schedules upon a proper showing; and .
. WHEREAS, Section 0(6) of the PUD Agreement authorizes amendments to the PUD
Agreement by written instrument executed by the partiel; thereto.
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NOW THEREFORE, in consideration of the mUlual covenants as contained herein, it is
agreed that the provisions hereinbelow shall amend the PUD Agreement as follows:
1. Savanah's construction schedule deadlines as set forth in Section A2 of the PUD
Agreement, and as previously amended by those Section M amendments executed in June 1990,
June ]991, August 1992, October 1992, February 1993, J:me 1995, February 1998, March 1998
and September 1999, arc hereby further amended to prov:de as follows:
A. Lot 5, Grand Aspen Hotel Site
i) Demolition Time Table:
Commencement to occur on or before April 16,2001 with completion no later
than July 31, 2001. An initial meeting shall occur between Savanah and the
adjacent neigJlbors by January 3], 2001 to ~iscuss the demolition process.
ii) Building Permit Application SUbmissioi": . .
Within one hundred and eighty (180) days after recordation of all final Aspen
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Mountain PUD documents.
iii) Certificate of Occupancy:
Within thirty (30) months after issuance of a building permit, but no sooner than
the receipt of a certificate of occupancy for the Bavarian Inn affordable housing
project.
B. Lot 3, Top of Mill
i) Permit Applications for Infrastructure and Removal of Fill Material:
Submit application(s) within thirty (30) days after recordation of all final Aspen
Mountain POO documents.
. ii) Building Permit Applications:
At owner's discretion, but no sooner than the issuance of a building permit for the
. Bavarian Inn affordable housing project.
iii) Certificate of Occupancy for the Parcell Multi-Family Free Market Units: .>!:
No sooner than the receipt of a certificate of occupancy for the Parcel.2 affordable
housing units
iv) Final Inspection for the Duplex FreeM.:.rket Units on Parcel 3 and the
Single-Family Free Market Units on PlItcels4, 5, 6; 7 and S:
No sooner than the receipt of a certificate of occupancy for an on-site accessory
dwelling unit or upon the payment of thet<\lJplicable affordable housing impact
fee.
C. Bavarian Inn Affordable Housing Project
i) Building Permit Application:
Within ninety (90) days after recordation of all final Bavarian Inn Affordable
Housing projectPUD documents.
ii) Commencem'ent of Construction:
Within thirty (30) days after receipt of building permit for Bavarian Inn project,
but no sooner than the recordation of all firpll Aspen Mountain POO documents
for Lots 3 and 5. However, should said permit fall within the months of
December I st to March 31 '" then the commencement shall begin no later than
May 1 st of that year.
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.
Hi) Certificate of Occupancy:
Within eighteen (18) months of the date of commencement of construction as set
forth in paragraph b above.
I 11111111111111111 11111111111111I 111111 IHIIII 11111111
450416 01/11/2001 08:41R PUD RGRE DRVIS SILVI
2 of S R 2~.00 D 0.00 N 0.00 PITkIN COUNTY CO
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STATE OF COLORADO
County of Pitkin
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The foregoing instrument was acknowledged bef,ne me this i"-day ofDe:;~~~~o,~
by Rachel E. Richards, as Mayor, and Katheryn S. Koch, as City Clerk,. of the City of Aspen,
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WITNESS MY HAND AND OFFICIAL SEAL
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The foregoing instrument was acknowledged befOre me this ~y
by Tarek Ayoubi, president of Aspen Enterprises International, 1m:., general p
Limited Partnership.
County of"
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.ner of Savanah
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WITNESS MY HAND AND OFFICIA
My commission expires:
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SA V ANAH LIMITED PARTNERSHIP
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Tarek A.youbi
President
Aspen Enterprises International, Inc.
General Partner .
APPROVED AS TO FORM:
4-- [. i' . ~o.I$",,", G. 2..'"""<<,-,,,,,
Attorney For S anah Limited
Partnership.
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[Acknowledgments On Next Page]
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111111I1111I1111I11111111111111I1111111 III 1111I11111111
4!\0416 01/11/2001 08:41R PUl) RGRE DRVIS SII..VI
4 of !\ R 2!\.00 D 0.00 N 0.00 PITKIN COUNTY CO
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2. Section L of the PUD Agreement is amended to provide as follows:
"Any reconstruction credits to be reconstructed on Lots 3 and 5 are
extended until five (5) years from the date of the final PUD approval of
the Aspen Mountain PUD for Lots 3 and 5. These credits shall not
confer any exemption from affordable housing requirements as may be
identified during the approval process."
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3. All other temlS and conditions of the PUD Agreement and the previous Section M
amendments, not inconsistent or superseded by this amendment, shall remain in full force and
effect.
4. Tlus amendment document shall be promptly recorded in the records of the Pitkin
County Clerk and Recorder's office.
TN WITNESS WHEREOF, the parties have herelmto set their signatures on the day and
year as tirst written above.
THE CITY OF ASPEN
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. Rae el :~. Richards, Ma
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ATTE,ST:
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City Clerk t'
APPROVED AS TO FORM:
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1000 South Mill St
Aspen CO, 81611
Phone: 970.925.2114
Fax: 970.925.1036
April 26, 2002 .
City of Aspen - Department of Community Development
C/o Fred J arrnan
301 South Galena Street
Aspen, Colorado 81611
Dear Fred:
Please accept this letter as our formal request to amend the Section M amendments currently
reflected in Ordinance 53 Series 2000. The reasons for this request include:
1) Our discovery that the existing Bavarian Inn is a worthless pile of junk and that all
concerned benefit by us building a new one in its place. Current arrangements
contemplate a remodel of the existing building and we would prefer to hand over a new
structure than a remodeled old one - from here on this element of the Bavarian project
will be referred to as "Phase 2". Phase 1 is the other town home units in the project and
we are proceeding with preparing and submitting for building permits on this element as
soon as possible. The project has been fenced, the old cabins given away, and the
demolition permit is applied for.
Application for the change to allow a new building has been made to the City. We won't
demolish the existing Bavarian until the City approves our requested change to the POO
approval, and that requires some tirne. Many of the neighbors asked if we could take the
existing building down so we expect strong support from the neighbors on this. This
delay to process the new BI is driving most of the issues associated with our requested
changes,
2) Technical corrections should be made to the current Section M agreements to reflect an
update on the project and wording changes, and
3) The lawsuit by the Galena Place Homeowners is delaying our ability to get construction
financing for the project.
The Following is a presentation of the existing Section M language (in bold text) followed by our
requested language (in standard text) and then detail as to the reason for the request (in italic text).
We would request that the follow facts be added to the agreement:
Whereas, Grand Aspen Lodging, LLC, represented by Four Peaks Development ("4P"),
purchased the property from Savanah Limited Liability Partnership on January 11, 2000; and
Whereas, after deri investigation into remodeling the exf"""'\g Bavarian Inn ("BI") 4P has
determined that it is preferable to demolish the existing BI andrebuild on the existing foundation;
and
Whereas, 4P has submitted a Land Use application dated April_, 2002 to the City to gain
approval to replace the exiting BI with a new structure; and
Whereas, 4P wishes to move forward with the construction of all of the other three
buildings in the project while the proposal for the new BI is processed by the City. This element of
the development will be referred to as "Phase 1" of the project and include the four units in
"Building W", the five units in "Building S" and the two units in "Building N" as labeled on the
Final PUD Development Plan. Phase 2 will hereinafter refer to the new BI building.
Below are our requested changes to Section 1:
Section 1:
1. Lot 5:
a) Demolition Time Table: Commencement to occur on or before April 16, 2001 with
cornpletion no later than July 31, 2001. An initial meeting shall occur between
Savannah and the adjacent neighbors by January 31,2000 to discuss the demolition
process.
Comment: As the building has been demolished this paragraph should be deleted
b) Building Perrnit Application Submission: Within one hundred and eighty (180) days
after recordation of all final Aspen Mountain PUD documents.
Change to: a) Building Permit Application Submission: Within one hundred and eighty (180)
days after recordation of all final Aspen Mountain PUD documents. Submission before
recordation is allowed.
Comment" The building departmentwanted to getstarted an therwiew oftheprojectimmediatel:y andas the
recordation has not yet occurred we felt it important to add the flexibility to submitprior to recordation.
c) Certificate of Occupancy: Within thirty (30) rnonths after issuance of a building
permit, but no sooner than the receipt of a certificate of occupancy for the Bavarian
Inn affordable housing project.
Change to: b) Certificate of Occupancy: Within thirty (30) months after commencement of
construction, but no sooner than the receipt of a certificate of occupancy for both phases of
the Bavarian Inn affordable housing project.
Comment" The GalenaPlace lawsuit is impacting our ability to get construction ./irzandng so I can'tpredict
when our start will occur. I can stick to the 30 month time line once construction commences.
2. Lot 3, Top of Mill
a) Permit Applications for Infrastructure and Rernoval of Fill Material: Submit
application(s) within thirty (30) days after recordation of all final Aspen Mountain
PUD docurnents.
Change to: a) t--\it Applications for Infrastructure anc.~oval ofFill Material: Submit
application(s) within thirty (30) days after recordation of all final Aspen Mountain POO
documents. Submission before recordation is allowed. .-
Comment: The goal here is to get us to do this within 30 days of recordation. All we are askingfor here is
for the ability to apply before recordation. Pennits for Tree removal,feru:ing and demolition are already in
place.
b) Building Perrnit Applications: At owner's discretion, but no sooner than the issuance
of a building perrnit for the Bavarian Inn affordable housing project.
Change to: b) Building Permit Applications Parcels 3, 4, 5, 6, 7, and 8: At owner's discretion,
but no sooner than the submission for a building permit for Phase 1 of the Bavarian Inn
affordable housing project.
Comment:
. The change is from "issuance" to '~ubmittal" ofa Buildingpermit As a buildingpermit for Phase
2 (the new Bavarian)will be delayed whileweprocess the requested change to builda new structure.
. The Svtbmission of a buildingpermit application on Phase 1, combined with the guarantees
associated with the CO of the GrandAspen being held up by the Bavarian (both phases)we believe
gives the City adequate assurance that we will build the Bavarian. We just have to do this in 2
phases because we want to do the new building and hope the process will allow us to do so.
. Wzthout this requested change constructing a new building, instead ofremodelingtheold building, is
problematic at best. We believe it is in everyone~ best interest to tear down the oldlnn and build a
new one.
c) Certificate of Occupancy for the Parcell Multi-Family Free Market Units: No sooner
than the receipt of a certificate of occupancy for the Parcel 2 affordable housing
units.
Change to: Final Inspection forthe Parcell Multi-Family Free Market Units: No soonerthan
the receipt of a certificate of occupancy for the Parcel 2 affordable housing units.
Comment' Wewererequested to change this from "Certificate of Occupancy" to "Fimdlnspection;' by the
City, and are happy to do it.
d) Final Inspection for the Duplex Free Market Units on Parcel 3 and the Single-Farnily
Free Market Units on Parcels 4, 5, 6, 7 and 8: No sooner than the receipt of a
certificate of occupancy for an on-site accessory dwelling unit or upon the payment
of the applicable affordable housing impact fee.
No change requested.
3. Bavarian Inn Affordable Housing Project
a) Building Permit Application: Within ninety (90) days after recordation of all final
Bavarian Inn Affordable Housing Project POO docurnents.
Change to: a) Building Permit Application: Within ninety (90) days after recordation of all final
Bavarian Inn Affordable Housing Project POO documents. Submittal prior to recordation is
acceptable.
Comment. As recorct"""\n will be delayed while the nlfW BI is process,0 are requesting the ability to get
Phase 1 going as soon as possible, by not having to delay submittals while that change is processed This
aLLows us to speed up the process on Phase 1.
b) Comrnencernent of Construction: Within thirty (30) days after receipt of building
perrnit for Bavarian Inn project but no sooner than the recordation of all final Aspen
Mountain PUD documents. However, should said permit fall within the months of
December 1st to March 31st then cornrnencernent shall begin no later than by May
1st of that year.
Change to: b) Commencement of Construction: Within thirty (30) days after receipt of
building permit for each Phase of the Bavarian Inn project but no sooner than the
recordation of all final Aspen Mountain PUD documents. However, should said permit fall
within the months of December 1st to March 31st then commencement shall begin no later
than by May 1st of that year.
Comment' As the Bavarian is proposed to be built in two phases to accommodate the approval of the nlfW
building we would like the room to move forward on Phase 1 while Phase 2 is beingrroilfWed by the City.
c) Certificate of Occupancy: Within eighteen (18) rnonths of the date of commencernent
of construction as set forth in paragraph b. above.
No requested changes
Also, for your information, below is a quick summary of the Bavarian schedule as we see it today:
. Asbestos removal on existing BI: completed
. Demolition permit application (phase 1): subrnitted.
. Complete fencing of project: completed
. Demolition to commence within one week after Demo permit issuance. Note that we are
not planning on demolishing the existing BI until the new BI is approved. Demolition of
other buildings, overlot grading and infrastructure all to commence immediately upon pennit
Issuance.
. Building permit application for Phase 1 of BI no later than May 31 (hopefully by May 15-
but I am building in a cushion here). Commencement and completion of construction as
required above.
We appreciate your support in these requested changes.
Sincerely,
Four Peaks Development, I,.LC
Scott Writer, Manager
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1000 South Mill St
Aspen CO. 81611
Phone: 970-925-2114
Fax: 970-925-1036
May 31, 2002
City of Aspen - Department of Community Development
C/o Julie Ann Woods and Joyce Ohlson
301 South Galena Street
Aspen, Colorado 81611
Dear Joyce and Julie Ann:
Please accept this letter as our formal request to amend the Section M amendments currently
reflected in Ordioance 53 Series 2000. The reasons for this request include:
1) A request has been made by City Staff to look into a change in the site plan for Parcell
in the Bavarian Inn Subdivision/PUD. Four Peaks believes in the spi1:it of the request
and looks forward to working with the City and the neighbors in coming up with a
revised plan for Parcell. Parcel 2 in the Bavarian Plan is to move forward in all
reasonable haste.
2) As mentioned, the concept of redesigning Parcell is initially acceptable to Four Peaks,
however, the details need to be further explored. Also, if and when an acceptable
conceptual plan is agreed to, the time and money will need to be spent to create and
submit an acceptable plan. Then, of course, that plan will have to go through public
hearings. We are willing to go through this potentially lengthy and costly process, if, and
only if, this will not delay us on any efforts on Lots 3 and 5 of the Aspen Mountain
Subdivision / PUD; and it does not add significant costs to the project. Therefore,
certain provisions of the "Section M" amendments must be changed for us to proceed
with exploring these changes.
3) Technical corrections should be made to the current Section M agreements to reflect an
update on the project and wordiog changes, and
4) The lawsuit by the Galena Place Homeowners is delaying our ability to get construction
financing for the project.
The Following is a presentation of the existing Section M language (in bold text) followed by our
requested language (in standard text) and then detail as to the reason for the request (in italic texl).
We would request that the .fol/ow facts be added to the agreement:
Whereas, Grand Aspen Lodging, liC, represented by Four Peaks Development ("4P"),
purchased the property from Savanah Limited Liability Partnership on January 11, 2000; and
~
f)
Whereas, 4P wishes to move forward with the construction of all of the buildings on Parcel
2 of the project while a revised proposal for Parcell is processed by the City. The Parcel 2
element of the development will be referred to as "Phase 1" of the project. Phase 2 will hereinafter
refer to the elements included in Parcell of the project.
Whereas, 4P will proceed with recordation of the approved Bavarian plan as reflected in
Ordinance 21, Series 2001, and future changes to Parcel 2 will be processed as an amendment to
those recorded documents.
Below are our requested changes to Section 1:
Section 1:
1. Lot 5:
a) Demolition Time Table: Commencement to occur on or before April 16, 2001 with
completion no later than July 31, 2001. An initial meeting shall occur between
Savannah and the adjacent neighbors by January 31, 2000 to discuss the demolition
process.
Comment: As the building has been demolished this paragraph should be deleted
b) Building Permit Application Submission: Within one hundred and eighty (180) days
after recordation of all final Aspen Mountain PUD documents.
Change to: a) Building Permit Application Submission: Within one hundred and eighty (180)
days after recordation of all [mal Aspen Mountain PUD documents. Submission before
recordation is allowed.
Comment: The building department wanted to get started on the review of the project immediatelY and as the
recordation has not yet occurred we Jelt it important to add the flexibility to submit prior to recordation.
c) Certificate of Occupancy: Within thirty (30) months after issuance of a building
permit, but no sooner than the receipt of a certificate of occupancy for the Bavarian
Inn affordable housing project.
Change to: b) Certificate of Occupancy: Within thirty (30) months after commencement of
construction, but no sooner than the receipt of a certificate of occupancy for phase 1 of the
Bavarian Inn affordable housing project.
Comment: The Galena Place lawsuit is impacting our ability to get construction financing so I can't predict
when our start will occur. I can stick to the 30 month time line once construction commences.
At first blush keeping the whole project tied to CO s at the Grand Aspen seemed acceptable - however, given
the possible timing impacts associated with the approval process another type of security appears necessary.
2. Lot 3, Top of Mill
a) Permit Applications for Infrastructure and Removal of Fill Material: Submit
application( s) within thirty (30) days after recordation of all final Aspen Mountain
PUD documents.
Change to: a) Perr"'\pplications for Infrasttucture and Rer0al of Fill Material: Submit
application(s) within thirty (30) days after recordation of all final Aspen Mountain PUD
documents. Submission before recordation is allowed.
Comment: The goal here is to get us to do this within 30 days of recordation. All we are askingfor here is
for the ability to applY before recordation. Permits for Tree removal, fincing and demolition are alreacfy in
place. We have received permission from the Mayor, City Manager, and Director of Community
Development to proceed with excavation down to 1975 grade.
b) Building Permit Applications: At owner's discretion, but no sooner than the issuance
of a building permit for the Bavarian Inn affordable housing project.
Change to: b) Building Permit Applications Parcels 3, 4, 5, 6, 7, and 8: At owner's discretion,
but no sooner than the submission for a building permit (and City's acknowledgment that
submission is complete) for Phase 1 of the Bavarian Inn affordable housing project. Said
Building Permit submittal for Phase 1 shall be made no later than June 24, 2002.
Comment:
. 4P intends to submitforrecordation of the Bavarian Inn Subdivision PUD on or about June 30,
2002.
. The change is from '~ssuance" to '~ubmittal" of a Buildingpermit. 4P will commit to submit for a
buildingpermit for Phase I no later than June 24, 2002. Because the submission for a Building
Permit triggers a timeline that requires construction and completion of the structures, we fiel this
gives the City adequate assurances that Phase I will be built and completed.
. As a building permit for Phase 2 (parcell) will be delayed while we process the requested change to
build a new structure, we are asking to remove this element from the process.
. 4P will commit to submit a complete package to the Cityfor buildingpermit(s) on Phase 2 within
90 days of recordation.
c) Certificate of Occupancy for the Parcell Multi-Family Free Market Units: No sooner
than the receipt of a certificate of occupancy for the ParcelZ affordable housing
units.
Change to: Final Inspection for the Parcell Multi-Family Free Market Units: No sooner than
the receipt of a certificate of occupancy for the Parcel 2 affordable housing units.
Comment: We were requested to change thisfrom ''Certificate of Occupancy " to "Final Inspection" by the
City, and are happy to do it.
d) Final Inspection for the Duplex Free Market Units on Parcel 3 and the Single-Family
Free Market Units on Parcels 4, 5, 6, 7 and 8: No sooner than the receipt of a
certificate of occupancy for an on-site accessory dwelling unit or upon the payment
of the applicable affordable housing impact fee.
No change requested.
3. Bavarian Inn Affordable Housing Project
a) Building Permit Application: Within ninery (90) days after recordation of all final
Bavarian Inn Affordable Housing Project PUD documents.
Change to:
a) Building Permit Application - Phase l: A building permit for Phase 1 (parcel 2) shall be
applied for no later than June 24, 2002.
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b) Building Permit Application Phase 2: A building permit for Phase 2 (parcell) shall be
applied for within ninety (90) days after recordation of amended PUD document that
reflects Phase 2 approval. Submittal prior to recordation is acceptable.
c) Commencement of Construction: Within thirty (30) days after receipt of building
permit for Bavarian Inn project but no sooner than the recordation of all final Aspen
Mountain PUD documents. However, should said permit fall within the months of
December 1st to March 31st then commencement shall begin no later than by May
1st of that year.
Change to: c) Commencement of Construction: Within thirty (30) days after receipt of
building permit for each Phase of the Bavarian Inn project but no sooner than the
recordation of all final Aspen Mountain PUD documents. However, should said permit fall
within the months of December 1st to March 31st then commencement shall begin no later
than by May 1 st of that year.
Comment: As the Bavarian is proposed to be built in two phases to accommodate the approval of the new
building we would like the room to move fonvard on Phase 1 while Phase 2 is being reviewed by the City.
d) Certificate of Occupancy: Within eighteen (18) months of the date of commencement
of construction as set forth in paragraph b. above.
No requested changes
Also, for your information, below is a quick summary of the Bavarian schedule as we see it today:
.
Asbestos removal on existing BI: completed
Demolition permit application: approved
Complete fencing of project: completed
Demolition to commence within one week after Demo permit issuance. Note that we are
not planning on demolishing the existing BI until the new BI is approved. Demolition of
other buildings, overlot g1:ading and infrastructure all to commence immediately upon permit
issuance.
Building permit application for Phase 1 of BI no later than June 24, 2002. Commencement
and completion of construction as requited above.
.
.
.
.
We appreciate your support in these requested changes.
Sincerely,
Four Peaks Development, LLC
~
-- -
Scott Writer, Manager
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11I A>,
MEMORANDUM
To:
Mayor and City Council
Date:
Fred Jarman, Planne~:)_
May 13, 2002
Thru:
Julie Ann Woods, Community Development Director
From:
Re:
Ordinance Amending Aspen Mountain PUD Development Dates--
("Section M Amendment") - First Readinl!:
Summary
Grand Aspen Lodging, LLC, represented by Four Peaks Development, is requesting approval
from the City Council to amend the Section M Amendments for the Aspen Mountain PUD
(hereinafter "AMPUD"). The purpose of the amendment is to alter permit application,
construction, and certificate of occupancy dates for the three projects, due to a pending lawsuit
and a proposed amendment to the Bavarian Inn affordable housing PUD. Staff recommends the
City Council approve the requested changes with conditions.
Background
The Section M Amendments are a formal part of the AMPUD approvals. The Section M
Amendments outline the demolition, permit application, construction, and certificate of.
occupancy dates regarding development on Lot 3 (aka "Top of Mill" site), Lot 5 (aka "Grand
Aspen" site), and the Bavarian Inn affordable housing project.
Grand Aspen Lodging, LLC would like to amend the Section M Amendments due to two
primary reasons:
A) Immediately following approval for Lot 5 of AMPUD, Four Peaks Development has
been engaged in a lawsuit which has made it difficult to achieve construction financing
which may impact the timing on the approved development schedule for the Grand
Aspen project; and
B) Following extensive investigations of the existing Bavarian Inn structure, Four Peaks
Development determined that it is preferable to demolish the Bavarian Inn and rebuild
rather than conducting extensive remodeling of the existing Bavarian Inn. Due to this
realization, Four Peaks Development recently submitted a land use application to the
City to gain approval to replace the exiting Bavarian Inn with a new structure.
Four Peaks Development requests to move forward with the construction of all of the
other three buildings in the Bavarian Inn project while the City processes the proposal for
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the new Bavarian Inn. This element of the development will be referred to as "Phase 1"
of the project and includes the four units in "Building W", the five units in "Building S"
and the two units in "Building N" as labeled on the Final PUD Development Plan
(attached as Exhibit 4). Phase 2 refers to the new Bavarian Inn building.
Discussion
Specifically, the requested amendments are due to potential construction timing impacts that may
result from a pending lawsuit and a proposed PUD Amendment to the Bavarian Inn affordable
housing project. Staff has provided the current and binding Section M Amendment language
below with the modifications proposed by the Applicant. Language to be deleted has been
indicated by being stricken through. Language to be added has been underlined. Additional
comments by Staff for the analysis of this request are provided in italics following each
provision. Lastly, Staff has provided a recommended action to City Council for each request
below.
Section 1:
1. Lot 5, Grand Aspen Hotel site
a}-.-Dem{)liti{)n--Time--Table:--Gommen<;emoot.t{}-OCGur.{)n--or-.before.-April.-I-6;.-2001.-with
G{)mpletiBn--n{)--.later.-than..July._;;-l-;..-2001.,.--An.-Initial.--mee1ing.-shall--oG(;UF--.betweell
Savannah--and--the-adjaGent.-neighbors.b-y-.-January--3-I-;-.;?'OOO-t{)--disGlISS-.the.oom{)litioo
prooess, [Four Peaks Development would prefer to delete this language because the
demolition has been completed.}
)> Staff Recommendation to City Council on this request: Approve request.
b) Building Permit Application Submission: Within one hundred and eighty (180) days
after recordation of all final Aspen Mountain PUD documents. Submission before
recordation is allowed. [Four Peaks Development was able to submit building plans for
review at the request of the City's Building Department prior to recordation because of
additional time it may take to review the plans. Four Peaks would like to add language
that allows submission of the building permit application, prior to the recordation of all
final AMPUD documents. Stafffeels that any permit review is done at the Applicant's
risk in that no permits shall be issues until all the P UD documentation has been
recorded.]
)> Staff Recommendation to City Council on this request: Approve request with
suggested changes.
c) Certificate of Occupancy: Within thirty (30) months after commencement of
constq.l..s:tionissuance of a building permit, but no sooner than the receipt of a certificate
of occupancy for both phases of the Bavarian Inn affordable housing project. [The
lawsuit is impacting Four Peaks Development's ability to get construction financing so
2
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they cannot exactly predict when project commencement will occur. They indicate that
they are still able to meet the 30-month construction time line. In addition, Staff would
like to include language that requires the City's Chief Building Official to determine to
his satisfaction when certificate of occupancy is ready to be issued.}
~ Staff Recommendation to City Council on this request: Approve request with
suggested changes.
2. Lot 3, Top of Mill
a) Permit Applications for Infrastructure and Removal ofFill Material:
Submit application(s) within thirty (30) days after recordation of all final Aspen
Mountain PUD documents. Submission before recordation is allowed. [Again, as with
the Grand Aspen, Four Peaks Development was able to submit building plans for
review at the request of the City's Building Department prior to recordation because of
the additional time it may take to review the plans. Four Peaks would like to add
language that allows submission of the building permit prior to the recordation of all
final AMPUD documents. Stafffeels that any permit review is done at the Applicant's
risk in that no permits shall be issued until all the PUD documentation has been
recorded. ]
~ Staff Recommendation to City Council on this request: Approve request with
suggested changes.
b) Building Permit Applications for Parcels :},J,~ 7, and 8: At owner's discretion,
but no sooner than the ~submission for a building permit for Phase 1 of the
Bavarian Inn affordable housing project. [Phase 2 is the new Bavarian - and that
element is guaranteed with its linkage to the Final Inspection at the Grand Aspen. Staff
understands the request to break up the Bavarian Inn project into two phases, but
remains concerned that even the current language in the Section M Amendments is
vague regarding the tie of the completion of the Bavarian to any development activity
on Lot 3. As a result, Staff recommends that the language regarding issuance of a
buildinf!: permit remain as opposed to submission for a permit as requested by the
Applicant.}
~ Staff Recommendation to City Council on this request: Deny request & keep
currently adopted language modified to reflect the separation of the Bavarian
into Phase I and II.
c) Gertificate of OccupaB<1Y-!n!!l!LJ!!~p~.~.i.Q!Lfor the Parcel 1 Multi-Family Free
Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2
affordable housing units. Q!,.jfl!~~l'lP!l'lg.P.y._Qj!Y-,-.Pli.Y!!!~.!1tQU!!1i~u f!~s _()!.l!l'l'I().Yl!LQf
l!!U!~~.l'lP!.,!:p.I",_gff~i!~Jgcl!t.jQ!!,JStaff requested this change in language from "CO" to
"Final Inspection" because COs are a function of financing. More specifically, if a
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purchaser does not need financing and pays cash for the free market units, they would
not need a co. Therefore; the Final Inspection will be the trigger, as all projects
require a final inspection.
Secondly, Staff does not recommend City Council approve this request for the payment
of cash-in-lieu instead of constructing the affordable housing on parcel 2, This would
represent a dramatic change from what has been represented to City Council as part of
their approvals for the Top of Mill portion of AMPUD. 4 Peaks Development may
request and apply for an amendment to the approved PUD to more properly address
this request.)
~ Staff Recommendation to City Council on this request: Deny request, keep
currently adopted language, and recommend the Applicant pursue a PUD
Amendment to address the issue.
d) Final Inspection for the Duplex Free Market Uuits on Parcel~ 3, and the-Single-
Family Free Market Units-,on-P-lll'Gt!ls 4, 5, 6, 7 and 8: No sooner than the receipt of a
certificate of occupancy for an on-site accessory dwelling unit or upon the payment of
the applicable affordable housing impact fee. [There is no real change in this language;
the fact that only a duplex can be constructed on Parcel 3, and single-family dwellings
can be developed on lots 4-8 has already been represented in the application. Further,
the owners of those lots are required to mitigate for AH).
~ Staff Recommendation to City Council on this request: Approve request.
3. Bavarian Inn Affordable Housing Project
a) Building Permit Application: Within ninety (90) days after recordation of all final
Bavarian Inn Affordable Housing Project PUD documents. Submittal pri<:>,r to
r.ecordation is acceptable. [As recordation will be delayed while the new Bavarian Inn
is processed, Four Peaks Development would like the ability to get Phase I going as
soon as possible. Again, Stafffeels that any permit review is done at the Applicant's
risk in that no permits shall be issued until all the PUD documentation has been
recorded.)
~ Staff Recommendation to City Council on this request: Approve request.
b) Commencement of Construction: Within thirty (30) days after receipt of building
permit for ~.!lfhJ)]1_~.~~_2.L!h~_Bavarian Inn project but no sooner than the recordation of
all final Aspen Mountain PUD documents. However, should said permit fall within the
months of December I st to March 31 st then commencement shall begin no later than
by May 1 st of that year. [The Applicant would like to move forward with Phase I of the
Bavarian Inn affordable housing project while the City reviews the proposed
amendment to the Bavarian Inn PUD in order to demolish and reconstruct a new
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Bavarian Inn structure. The Applicant has submitted the application requesting to
amend the Bavarian Inn PUD and is scheduledfor review by the Planning and Zoning
Commission on May 21st]
~ Staff Recommendation to City Council on this request: Approve request.
c) Certificate of Occupancy: Within eighteen (18) months of the date of
commencement of construction as set forth in paragraph b. above. [Staff would like
this language to be amended to include "and upon approval of the Chief Building
Official. "]
~ Staff Recommendation to City Council on this request: Approve request as
amended.
Additional Staff Comments: .
Staff s main concern regarding modifications to the Section M Amendments is that the
commitment made by Four Peaks Development to complete the Bavarian Inn affordable housing
project continues to be memorialized and honored. More importantly, the intent of the Bavarian
Affordable Housing project concept was not only as mitigation for the Grand Aspen Hotel, but
also the result of a commitment made by the previous owner, Savanah, to satisfy, in part, the
commitment to provide to the community additional affordable housing as part of the vote for the
Ritz Carleton approval.
These proposed amendments recognize that Savanah I Four Peaks Development met the
provision requiring the demolition of the old Grand Aspen Hotel. These proposed amendments
also continue to tie the completion of the Bavarian Inn affordable housing project to the
completion of the new Grand Aspen project. Lastly, these proposed amendments break up the
construction of the Bavarian Inn into two phases so that work may begin on the smaller buildings
while the main Bavarian Inn structure returns to the City Council for review of its demolition to
allow a new structure to be built in its place.
Staff finds while these proposed amendments do not significantly jeopardize the commitment
made to the City of Aspen by Four Peaks Development to complete the Bavarian Inn affordable
housing project in conjunction with Lot 5, Staffremains concerned that if the new Grand Aspen
is never realized, then the Bavarian Inn project would never be completed. Further, Staff finds
the currently adopted Section M Amendments contain language that is vague regarding Lot 3 in
connection to the Bavarian Inn project, but is more restrictive than the proposed language
submitted by the Applicant. Staff recommends the existing language remains unchanged.
Staff Recommendation
Staff recommends City Council approve amending Section M of the First Amended and Restated
Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision with the
conditions stated herein.
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Recommended Motion: , ~
"1 move to approve Ordinance No. \.2, Series of 2002, amending Section M of the First
Amended and Restated Planned Unit Development/Subdivision Agreement for the Aspen
Mountain Subdivision with the conditions stated herein."
City Manager Comments
Attachments:
Exhibit 1:
Exhibit 2:
Exhibit 3:
Exhibit 4:
Current Section M Amendments
Ordinance No.53, Series of2000
Applicant's Petition
Bavarian Subdivision I PUD Plan
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ORDINANCE No.6
(SERIES OF 2002)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING AN EXTENSION OF
THE CONSTRUCTION DEADLINES THEREBY AMENDINGTHE8ECTION!VI
AMENDMENT TO THE FIRST AMENDED AND RESTATED PLANNED UNIT
DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN
SUBDIVISION, ASPEN, COLORADO.
WHEREAS, on October 3,1988, City Council approved the Planned Unit Development
ISubdivision Agreement for the Aspen Mountain Subdivision; and,
WHEREAS, the Agreement defined a construction schedule for the development of the
Aspen Mountain Subdivision (Lots 3 and Lot 5); and,
WHEREAS, the Agreement has been amended several times as the construction
schedule has been adjusted, (most recently pursuant to Ordinance # 8, Series of 1998, Ordinance
#38, Series of 1999, and Ordinance #53, Series of2000); and,
WHEREAS, Grand Aspen Lodging, LLC, represented by Four Peaks Development,
submitted a written petition on April 26, 2002 to the Community Development Director for City
Council action pursuant to Section M of the First Amended and Restated Planned Unit
DevelopmentlSubdivision Agreement ("PUD Agreement") for the Aspen Mountain Subdivision,
seeking specific extensions in the construction schedule and some language modifications; and,
WHEREAS, Four Peaks Development has provided in said petitions a rationale and
justification for the requested Section M amendments, and,
WHEREAS, pursuant to the Agreement and an amendment made thereto by Ordinance
#38, Series of 1999, Savannah (owner of Lot 3 and Lot 5 prior to Grand Aspen Lodging, LLC)
met the demolition permit application submission deadline of October I, 2000 for the demolition
of the Grand Aspen Hotel; and,
WHEREAS, the applicant has requested to extend the construction deadlines to be more
in keeping with Four Peaks Development's projected construction timelines; and,
WHEREAS, because of potential construction timing impacts that may result from a
pending lawsuit (a circumstance beyond the control of the applicant), and a proposed PUD
Amendment to the Bavarian Inn affordable housing project, City Council finds it appropriate to
extend construction and other related development dates; and,
WHEREAS, the City of Aspen City Council, by a vote of _ to _ L _ -->,
approves an amendment to the Section M Amendments of the First Amended and Restated
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Planned Unit Development/Subdivision Agreement ("PUD Agreement") for the Aspen Mountain
Subdivision, seeking specific extensions in the construction schedule; and,
WHEREAS, the City Council finds that this ordinance furthers and is necessary for the
public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1
The Aspen City Council does hereby amend the Section M amendments executed in June 1990,
June 1991, August 1992, October 1992, February 1993, June 1995, February 1998, March 1998,
September, 1999, and December 2000 to include the following "Whereas" statements:
WHEREAS, Grand Aspen Lodging, LLC, represented by Four Peaks Development,
purchased the property from Savanah Limited Liability Partnership on January 11,2000; and,
WHEREAS, Four Peaks Development met the required demolition timetable for the
former Grand Aspen Hotel as stated in the Section M Amendments; and,
WHEREAS, after detailed investigation into remodeling the existing Bavarian Inn, Four
Peaks Development determined that it is preferable to demolish the existing Bavarian Inn and
rebuild on the existing foundation; and,
WHEREAS, Four Peaks Development has submitted a Land Use application in April,
2002 to the City to gain approval to replace the exiting Bavarian Inn with a new structure; and,
WHEREAS, Four Peaks Development wishes to move forward with the construction of
all of the other three buildings in the project while the proposal for the new Bavarian Inn is
processed by the City. "Phase I" of the project will include the four units in "Building W", the
five units in "Building S" and the two units in "Building N" as labeled on the Final PUD
Development Plan. Phase 2 will hereinafter refer to the new Bavarian Inn building.
Section 2
The Aspen City Council does hereby amend the construction schedule deadlines as set forth in
Section A 2 of the PUD Agreement, and as previously amended by those Section M amendments
executed in June 1990, June 1991, August 1992, October 1992, February 1993, June 1995,
February 1998, March 1998, September, 1999, and December 2000 to provide as follows:
1. Lot 5, Grand Aspen Hotel site
a) Building Permit Application Submission: Within one hundred and eighty (180) days
after recordation of all final Aspen Mountain PUD documents. Submission before
recordation is allowed.
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b) Certificate of Occupancy: Within thirty (30) months after commencement of
construction, but no sooner than the receipt of a certificate of occupancy for both phases
of the Bavarian Inn affordable housing project. A certificate of occupancy will be issued
upon satisfaction of the Chief Building Official.
2. Lot 3, Top of Mill
a) Permit Applications for Infrastructure and Removal ofFill Material:
Submit application(s) within thirty (30) days after recordation of all final Aspen
Mountain PUD documents. Submission before recordation is allowed.
b) Building Permit Applications for Parcels 3, 4, 5, 6, 7, and 8:
At owner's discretion, but no sooner than the issuance of a building permit for Phase I
of the Bavarian Inn affordable housing project.
c) Final Inspection for the Parcell Multi-Family Free Market Units:
No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable
housing units.
d) Final Inspection for the Free Market Units on Parcels 3, 4, 5, 6, 7 and 8:
No sooner than the receipt of a certificate of occupancy for an on-site accessory dwelling
unit or upon the payment of the applicable affordable housing impact fee.
3. Bavarian Inn Affordable Housing Project
a) Building Permit Application: Within ninety (90) days after recordation of all final
Bavarian Inn Affordable Housing Project PUD documents. Submittal prior to
recordation is acceptable.
b) Commencement of Construction: Within thirty (30) days after receipt of building
permit for each Phase of the Bavarian Inn project but no sooner than the recordation of
all final Aspen Mountain PUD documents. However, should said permit fall within the
months of December I st to March 31 ", then commencement shall begin no later than
by May 1st of that year.
c) Certificate of Occupancy: Within eighteen (18) months of the date of commencement
of construction as set forth in paragraph b. above. A certificate of occupancy will be
issued upon satisfaction of the Chief Building Official.
Section 3
The amendments as provided in Section 1 of this ordinance shall be reflected in a written
amendment document approved by the City Attorney between the City of Aspen and Four Peaks
Development which shall be executed and filed in the records of the Pitkin County Clerk and
Recorder's Office.
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Section 4
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason
held invalid or unconstitutional by any court of competent jurisdiction, such provision and such
holding shall not affect the validity ofthe remaining portions thereof.
Section 5
This ordinance shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 6
A public hearing on the ordinance shall be held on the lO'h day of June, 2002, at 5:00 p.m. in the
City Council Chambers, Aspen City Hall, 130 South Galena, Aspen, Colorado. Fifteen (15) days
prior to said hearing a public notice of the same shall be published once in a newspaper of
general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 13'h day of May, 2002.
Helen Kalin Klanderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed, and approved this lOth day of June, 2002.
Helen Kalin Klanderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
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NOV-22-2000 WED 09:28 AM
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EXHIBIT l'
A..'\1ENDED REQUEST FOR SECTiON M AMENDMENT TO ASPEN
. MOUNTAIN PUD
Submitted by Sav:l11ah Limited Partnership
November 16,2000
This request to amend certain construction and other dates contained in the Aspen
Mountain pun (the PUD), and in Ordinance 38 of 1999, is made pursuant to Section M
of the PUD.
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Savanah Limited Partnership and the City of Aspen have b~en engaged in the approval
process for the final parcels COntained in the PUD, Lots J (Top of the Mill) and 5 (the
Grand Aspen Hotel) and rhe Bavarian Inn for many months. S~parat~ from that review
process but r~lated to it, Savanah and th~ City have agreed Upon a number of dates from
time to time that relare to how and when those three p<lrcels would be processed.
approved and buill. The most recent agreement On thos~ dates is contained in Ordinance
38 of 1999.
When those dates were agr~ed to in Sepr~mber of 1999, both Savanah and th~ City had to
estimate when conceptual and tinal approvals for the three sites would be received. Given
that csrimate, other dates were then esrablish~d for various bUilding pennits, certificates
. of OCcupancy, etc. on the three parcels.
Conceptual approv<lls for alJ thre~ sites were received on D~cember 6, 1999. Under the
Aspen land use code, Savanah has until one year after that date, i.e" December 6, 2000,
to submit the final applications for each sire. Given the complexity ofth~ architectural
and engineering work required for each final submission, Savanah will not be submitting
the final approval applications until, or just before, December 6, 2000.
Now that the final submission d"tes <lre more accurately predicred, it can also be
estimated that final approvals will not likely be received until sometime in the fall of
2001. TIlls being the case, all of the d,ues Contained in Ordinance 38, with the exc~ption
.ofthe Grand Aspen demolition date, are unattainable by a wide margin.
It should also be noted that each of the properties in question are under COntract for sale
by Savan:ll1. However, due to the unpredictability of any such transaction, Savanah has
been proce~ding with all its various developmem consultants to process and prepare the
fin"l applications with all appropriate priOrily to m~ct the December 2000 d~adlines.
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2.
1. Section L of the PUD, Reconstruction Credits
Section L of the PUD Contains provisions relating to the llse of reconstruction credits.
Deadlines for using thcm ha"e been extended throughout the processing of the pun, until
Such time as it becomes clear on how they might be implemented. The lnsttime they
Were extendcd was in 1998 through Ordinance 8. All reconstruction credits associated
with Lots3 and 5 were extended in that Ordinance until one (1) year from thc date of
issuance of the demolition pennit for the Grand Aspen Hotel.
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Now that we have a much more accurate understanding of how these various properties
will be approved and then constructed, we are hereby requesting that all remaining
reconstruction credits in the PUD be extcnded for five years after the date of final
approvals for Lots 3 and 5. This is consistent with the existing land use code that allows
for rcconstruction within five years of demOlition orthe units. Given the complc.~ and
lengthy approval process needed to determine how these credits could be used, we think
it is reasonable to treat the credits as requested.
n. Grand ^Spen Demolition Pennit Date:
The PUD stipulates [hat if the demolition of the Grand Aspen were to fall in the ski
season, then it can be pOstponed unlil after that season. Since the current rcquircmem of
obtaining the demolition permit by October 1,2000 Would place the demolition in that
period, Savanah and the City have agreed that the demolition "ill not Commence until
after the lifts close in April 200 I. (See attached Jetter from Julie Ann Woods of
September 25,2000)
Nonetheless, in order to meet the requiremcnt of obtaining the demolition permit,
Savanah submitted a complete demolition permit application through its demolition
Contractor to the Aspen BUilding Department the week of September 18, 2000. The
processing of the permit took a number ofweek.\ to complete and by OctOber 30,2000 all
requirements, except for one, for the issuance of the pennit had been met. The only
outstanding matter is the asbestos abatement that must be completed and certified by the
State before a demolition permit can be issued. Since it is possible that work may not take
place until April of 200 1 as part of the overall demolition, the permit will not actually be
issucd until that time. Accordingly, Savanah is requesting an extension of the requirement
to obtain the penn it until the spring of 2001. Please see the attached letter from the City
of November 16, 2000 on this subject.
. Ill. Orher Oates:
Now that the various site development plans are more precisely defined due to the
conceptual approvals, more aCCurate building and construction dates can be estimated.
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TlllJs, the follOwing proposed dates for building permit app!ic~tions, commencing
construction and certilic~tcs of OCCUp~ncy are more specific than those dutes found in
Ordin~nc~ 38.
Several items should be nOld aboullhese proposed dates. First, the tOlal construction
time for each parcel is the Same as that used in OrdinanceJ8. Second, all affordable
housing will continue to be built (ccrtitiC:H~ of OCCupancy) or Obligations met (cash in
lieu, ~tc.) concurrent with or before all free m<U"ket units receive their final inspection.
The specific r~quested dates for Lots 3 and 5 ~nd the Bavarian ar~ as follows:
1. Lot 5, Grand Aspen Hotel Site
,
~) Demo/ition Permit:
No Juter than the spring 01'200 J as per the attached letter from the City
b) Demolition Time Table
Commence asbestos abatement work no later th~n April 16, 2001, with
demolition to be Completed no later th~n July 31, 2001.
c) Building Permit Application
Within one hundr~d and eightY (180) days after the recordation of all final.
POD dOcuments.
d) C~T1iiicale of Occup~ncy
Within thirty (3.0) months after issuance of bUilding permit, but no SOoner
lhan the receipt of a ceniticat~ of OCCup~ncy for the B~varian 1nn project.
2. Lo! 3, Top of Mill
a) Permit J\pplication(s) for Infrastructure and Removal of Fill Materi~l
Submit said application(s) within thirty (30) days after recordation of all
final PUD documents.
b) Building P~rmit Applications
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At owner's discretion, but no SOOner than the issuance ofa building permit
for the Bavarian Inn affordable housing proj~ct,
c) Certificate of OCcupancy for the Parcell Multi-Fainily Free Market Units
No sooner than the receipt of a certificate of occupancy for the Parcel 2
affordable hOusing units.
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d) Certificates of OCcupancy fOr the Duplex Free Market Unit on Parcel 3 and the
Single-Family Free Market Units on Parcels 4, 5, 6, 7 and 8.
No Soonerthan the receipt of a certificate of occupancy for an on-site
accessory dweIling unit or upOn the payment of the appJicable affordable housing impact
fce.
3. Bavarian Inn Affordable HOusing Project
a) Building Permit Application
dOcuments
Within ninety (90) days after recordation of all final PUD Bavarian Inn
b) Commence Construction
Within thirty (30) days after receipt ofbuiJding permit for Bavarian Inn
project but no SOoner than the recordation of all final PDD documents for Lots 3 and 5.
However, should slJeh date fall between December I and March 31, then constructiqn
may COmmence as late as May I of that year.
c) Certificate of Occupancy
Within eighteen (I8) months ofeommenccmenl of construction as set
forth in paragraph (b) "bove.
Given what we know today about the likely final approval timetable, Savanah is
confident rhese dares are realistic and achievable. Thus, we respectfully request a hearing
before the City Council to consider all these mallers. Thank you.
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ORDINANCE # 53
(SERIES OF 2000)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING AN
EXTENSION OF THE CONSTRUCTION DEADLINES AND
RECONSTRUCTION CREDITS THEREBY AMENDING
SECTION L AND M AMENDMENT TO THE FIRST AMENDED AND
. RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT
FOR THE ASPEN MOUNTAIN SUBDIVISION, ASPEN, COLORADO.
WHEREAS, on October 3,1988, City Council approved the Planned Unit
Development/Subdivision Agreement for the Aspen Mountain Subdivision, and
WHEREAS, the Agreement defined a construction schedule for the development
of the Aspen Mountain Subdivision (Lots 3 and Lot 5) and included dates by which the
reconstruction credits would expire, and
WHEREAS, the Agreement has been amended several times as the construction
schedule has been adjusted, (most recently pursuant to Ordinance # 8, Series of 1998 and
Ordinance #38, Series of 1999); and
WHEREAS, Savanal1 Limited Liability Partnership ("Savam1ah") submitted a
written petition on September 26,2000, amended October 11,2000, and November 16,
2000, to the Community Development Director for City Council action pursuant to
Section M of the First Amended and Restated Planned Unit Development/Subdivision
Agreement ("PUD Agreement") for the Aspen Mountain Subdivision, seeking specific
~,
extensions in the constructio~ schedule and reconstruction credit dates; and
WHEREAS, Savanah has provided in said petitions a rationale and justification
for the requested Section L and Section M amendments, and
...
111111I1111I1111I111111111111 111111I111 11I1111111111111
450415 01/11/2001 08:41R ORDINRNC ORVIS SILVI
1 of 5 R 25.00 0 0.00 N 0.00 PITKIN COUNTY CO
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WHEREAS, pursuant to the Agreement and an amendment made thereto by
Ordinance #38, Series of 1999, Savannah has met the demolition permit application
submission deadline of October 1, 2000 for the demolition of the Grand Aspen Hotel; and
WHEREAS, the applicant has requested to extend the construction deadlines and
reconstruction credits to be more in keeping with Savannah's projected development
review process, POD approval timelines of the City and the projected construction
time1ines; and
WHEREAS, Savannah submitted a "Conceptual POD Development Plan!
Subdivision Application" for the Top of Mill site (Lot 3), Grand Aspen site (Lot 5) and
the Bavarian Inn site and received conceptual approval from the City Council for all
three development sites on December 6, 1999 and Savannah has indicated their intention
to submit final applications for these sites by the deadline of December 6, 2000, requiring
detailed engineering and architectural plan submissions; and
WHEREAS, because of the length of the PUD review process and the necessity
of extensive public review (a circumstance beyond the control of the applicant), City
Council finds it appropriate to extend construction and other related development dates
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. and reconstruction credit dates, and
WHEREAS, the City Council finds that this ordinance furthers and is necessary
for the public health, safety, and welfare, and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
I 111111 11111 111111 111111 IIHI 1111111111 1111I1f1 1111 1111
450415 01/11/2001 08: 41A OR.DIHANe DAVIS SILVI
2 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO
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Section 1:
The Aspen City Council does hereby amend Savannah's construction schedule deadlines
as set forth in Section A 2 of the PUD Agreement, and as previously ameilded by those
Section M amendments executed in June 1990, June 1991, August 1992, October 1992,
February 1993, June 1995, February 1998, March 1998 and September, 1999, to provide
as follows:
1. Lot 5, Grand Aspen Hotel site
a) Demolition Time Table:
Commencement to occur on or before April 16, 2001 with completion no later
than July 31, 2001. An initial meeting shall occur between Savannah and the
adjacent neighborsby January 31, 2000, to discuss the demolition process.
b) Building Permit Application Submission:
Within one hundred and eighty (180) days after recordation of all final Aspen
Mountain PUD documents.
c) Certificate of Occupancy:
Within thirty (30) months after issuance of a building permit, but no sooner than
the receipt of a certificate of occupancy for the Bavarian Inn affordable housing
project.
2. Lot 3, Top of Mill
a) Permit Applications for Infrastructure and Removal of Fill Material:
Submit application(s) within thirty (30) days after recordation of all [mal Aspen
Mountain PUD documents.
b) Building Permit Applications:
At owner's discretion, but no sooner than the issuance of a building permit for the
Bavarian Inn affordable housing project.
c) Certificate of Occupancy for the Parcell Multi-Family Free Market Units:
No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable
housing units.
d) Final Inspection for the Duplex Free Market Units on Parcel 3 and the
Single-Family Free Market Units on Parcels 4, 5, 6, 7 and 8:
No sooner than the receipt of a certific'l{e of occupancy for an on-site accessory
dwelling unit or upon the payment of the applicable affordable housing impact
fee.
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450415 01/11/2001 08:41A ORDINANC DAVIS SILVI
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3. Bavarian Inn Affordable Housing Project
a) Building Permit Application:
Within ninety (90) days after recordation of all final Bavarian Inn Affordable
Housing Project PUD documents.
b) Commencement of Construction:
Within thirty (30) days after receipt of building permit for Bavarian Inn project
but no sooner than the recordation of all final Aspen Mountain POD documents.
However, should said permit fall within the months of December 1 SI to March 31 st
then commencement shall begin no later than by May I" of that year.
c) Certificate of Occupancy:
Within eighteen (18) months of the date of commencement of construction as set
forth in paragraph b, above.
Section 2:
The Aspen City Council does hereby amend Section L of the POD Agreement to grant
an extension of the usage for the reconstruction credits as follows:
"Any reconstruction credits to be reconstructed on Lots 3 and S are extended until five (S)
years from the date of the final PUD approval of the Aspen Mountain PUD. These
credits shall not confer any exemption from the affordable housing requirements as may
be.identified during the approval process."
Section 3:
The amendments as provided in Section 1 and Section 2 of this ordinance shall be. .
reflected in a written amendment document approved by the City Attorney between the
City of Aspen and Savalmah Limited Partnership which shall be executed and filed in the
records of the Pitkin County Clerk and Recorder's Office.
/A;".
Section 4:
If any section, subsection, sentence, clause, phrase or portion of this ordinance is
for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such provision and such holding shall not affect the validity of the remaining portions
thereof.
Section 5:
-.
This ordinance shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
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repealed or amended as herein provided, and the saine shall be conducted and concluded
under such prior ordinances.
Section 6:
A public hearing on the ordinance shall be held on the 11th day of December, 2000,
at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen,
Colorado. Fifteen (15) days prior to said hearing a public notice of the same
shall be published once in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by
the City Council of the City of Aspen on the 27th day of November, 2000.
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FINALLY adopted, passed, and approved this 11'" day of December, 2000.
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AMENDMENT TO THE FIRST AMENDED AND RESTATED
PLANNED UNIT DEVELOPMENT/SUBDIVISION
AGREEMENT FOR THE ASPEN MOUNTAIN SUBDIVISION
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THIS AMENDMENT to. the First Amended and Restated Planned Unit
Develo.pment/Subdivisio.n Agreement fo.r the Aspen MoUritain Subdivision ("PUD Agreement"),
being entered into between the City of Aspen, ColoradcJ ("City") and Savanah Liri:t.ited
Partnership ("Savanah" or "Owner") on this 5th day oHr__.mh.., ::860, provides as tollows:
.;.'J.nuary, 2001
,*
RECITAT~,~
\VHEREAS, Savanah submitted a written petition on September 26, 2000, amended
Octo.ber 1], 2000 and November 16, 2000, to the Co.rmmlJ1ity Develo.pment Directo.r for City
Co.uncil actio.n pursuant to Sectio.n M o.f the PUD Agreement seeking certain specific extensio.ns
in the COnstruction schedule and rcco.nstructio.n credit dates; and
WHEREAS, hearings were conducted befo.re the CitY Co.uncil on November 27, 2000
and December 11, 2000, during which Savanah successfii11y demo.nstrated the reasons
necessitating the extensio.ns in the existing co.nstruction schedule and reconstnlctio.n credit dates;
and
WHEREAS, Sectio.n M of the PUD Agreement <:Ittllo.rizes extension o.fthe time periods
fo.r co.nstruction schedules upo.n a proper showing; and .
. WHEREAS, Section 0(6) of the PUD Agreemem authorizes amendments to. the PUD
Agreement by written instrument executed by the parties thereto..
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NOW THEREFORE, in consideration of the ll111lual co.venants as contained herein, it is
agreed that the pro.visions hereinbelo.w shall amend the POD Agreement as follo.ws:
1. Savanall's co.nstruction schedule deadlines as set forth in Sectio.n A2 of the PUD
Agreement, and as previo.usly amended by those Section M amendments executed in JUlle ] 990,
June J 991, August 1992, October 1992, February 1993, J.me 1995, February ]998, March 1998
and September 1999, arc hereby further amended to pro.v'de as follows:
A. Lot 5, Grand Aspen Hotel Site
i) Demolition Time Table:
Co.mmencement to. o.ccur o.n o.r before April 16, 2001 with co.mpletio.n no later
than July 31, 2001. An initial meeting shall occur between Savanah and the
adjacent neighbo.rsby January 3 J, 2001 to liiscuss the demo.lition process.
ii) Building Permit Application Submissioli: . .
Within o.ne hundred and eighty (180) days ~~er recordatio.n of all fmal Aspen
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iii) Certificate of Occupancy:
Within thirty (30) months after issuance of a building pennit, but no sooner than
the receipt of a certificate of occupancy for the Bavarian Inn affordable housing
project.
B. Lot 3, Top of Mill
i) Permit Applications for Infrastructure and Removal ofFill Material:
Submit application(s) within thirty (30) days after recordation of all tinal Aspen
Mountain POD documents.
ii) Building Permit Applications:
At owner's discretion, but no sooner than the issuance of a building permit for the
Bavarian Inn affordable housing project.
iii) Certificate of Occupancy for the Parcell Multi-Family Free Market Units:
No sooner than the receipt of a certificate of OCCupancy for the Parcel 2 affordable
housing units
i~
iv) Final Inspection for the Duplex Free~"l"rket Units on Parcel 3 and the
Single-family Free Market Units on Pa~cejs4, 5, 6; 7 and 8:
No sooner than the receipt of a certificate of occupancy for an on-site accessory
dwelling unit or upon the payment of thel~'l!plicabJe affordable housing impact
fee.
C. Bavarian Inn Affordable Housing Project
i) Building Permit Application:
Within ninety (90) days after recordation of all final Bavarian Inn Affordable
Housing project PUD documents.
ii) Commencem'ent of Construction:
Within thirty (30) days after receipt ofbuiIding permit for Bavarian Inn project,
but no sooner than the recordation of all firi,1jl Aspen Mountain POD documents
for Lots 3 and 5. However, should said permit fall within the months of .~
December l"to March 31", then the commencement shall begin no later than
May 1 st of that year.
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iii) Certificate of Occupancy:
Within eighteen (I 8) months of the date of commencement of construction as set
forth in paragraph b above.
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450418 01/11i2001 08:41R PUD ~GRE DRVIS SILVI
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STATE OF COLORADO
County of Pitkin
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The foregoing instrument was acknowledged bebre me this Z"'-day offle:;~~ ~~o~
by Rachel E. Richards, as Mayor, and Katheryn S. Koch, as City Clerk, of the City of Aspen,
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Colorado. '
WITNESS MY HAND AND OFFICIAL SEAL
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Address . .
The foregoing instrument was acknowledged bebl'e me this ~y
by Tarek Ayoubi, president of Aspen Enterprises International, Inc., general p
Limited Partnership.
WITNESS MY HAND AND OFFICIA
My commission expires:
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SA V ANAH LIMITED PARTNERSHIP
By: ~-;_~
Tarek Ayoubi
President
Aspen Enterprises International, Inc.
General Partner .
APPROVED AS TO FORM:
J- [. t' . ~vSCV'> (;,.2.'"",",<'-""",,,,, .
Attorney For S anah Limited
Partnership
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4~0416 01/11/2001 08:41R PUD RGRE DRVIS SILVI
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2. Section L of the PUD Agreement is amended to provide as follows:
"Any reconstruction credits to be reconstructed on Lots 3 and 5 are
extended until five (5) years ITom the date of the final PUD approval of
the Aspen Mountain PUD for Lots 3 and 5. These credits shall not
confer any exemption from affordable housing requirements as may be
identified during the approval process."
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3. All other ten11S and conditions of the PUD Agreement and the previous Section M
amendments, not inconsistent or superseded by this amendment, shall remain in full force and
effect. .
4. This amendment document shall be promptly recorded in the records of the Pitkin
County Clerk and Recorder's office.
IN WITNESS WHEREOF, the parties havehere1.1nto set their signatures on the day and
year as tirst written above.
THE CITY OF ASPEN
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By:<1..U f. <;:-
. Ract:.:~. Richards, Ma .
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APPROVED AS TO FORM:
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(Signatures Continued On NeA1 Page)
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1000 South Mill St
Aspen CO, 81611
Phone: 970-925-2114
Fax: 970-925-1 036
April 26, 2002 .
City of Aspen - Department of Community Development
C/o Fred Jarman
301 South Galena Street
Aspen, Colorado 81611
Dear Fred:
Please accept this letter as our formal request to amend the Section M amendments currently
reflected in Ordinance 53 Series 2000. The reasons for this request include:
2)
3)
1)
Our discovery that the existing Bavarian Inn is a worthless pile of junk and that all
concerned benefit by us building a new one in its place. Current arrangements
contemplate a remodel of the existing building and we would prefer to hand over a new
structure than a remodeled old one - from here on this element of the Bavarian project
will be referred to as "Phase 2". Phase 1 is the other town home units in the project and
we are proceeding with preparing and submitting for building permits on this element as.
soon as possible. The project has been fenced, the old cabins given away, and the
demolition permit is applied for.
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. Application for the change to allow a new building has been made to the City. We won't
demolish the existing Bavarian until the City approves our requested change to the PUD
approval, and that requires some time. Many of the neighbors asked if we could take the
existing building down so we expect strong support from the neighbors on this. This
delay to process the new BI is driving most of the issues associated with our requested
changes, .
Technical correctionS should be made to the current Section M agreements to reflect an
update on the project and wording changes, and . .
The lawsuit by the Galena Place Homeowners is delaying our ability to get construction
financing for the project.
The Following is a presentation of the existing Section M language (in bold text) followed by our
requested language (in standard text) and then detail as to the reason for the request (in italic text).
We wo.uld request that the follo.w facts be added to. the agreement:
Whereas, Grand Aspen Lodging, LLC, represented by Four Peaks Development ("4P"),
purchased the property from Savanah Limited Liability Partnership on January 11, 2000; and
Whereas, after de-cd investigation into remodeling the eAg Bavarian Inn ("BI") 4P has
determined that it is prefer able to demolish the existing BI and reburld on the existing foundation;
and
Whereas,4P has submitted a Land Use application dated April _, 2002 to the City to gain
approval to replace the exiting BI with a new structure; and
Whereas, 4P wishes to move forward with the construction of all of the other three
buildings in the project while the proposal for the new BI is processed by the City. This element of
the development will be referred to as "Phase 1" of the project and include the four units in
"Building W", the five units in "Building S" and the two units in "Building N" as labeled on the
Final POO Development Plan. Phase 2 will hereinafter refer to the new BI building.
Below are our requested changes to Section 1:
Section 1:
1. Lot 5:
a) Demolition Time Table: Cornmen.cernent to occur on or before April 16, 2001 with
completion no later than July 31, 2001. An initial meeting shall occur between
Savannah and the adjacent neighbors by January 31, 2000 to discuss the dernolition
process.
Comment: As the building has been demolished this paragraph should be deleted
b) Building Perrnit Application Subrnission: Within one hundred and eighty (180) days
after recordation of all final Aspen Mountain PUD documents.
Change to: a) Building Permit Application Submission: Within one hundred and eighty (180)
days after recordation of all final Aspen MountainPOO documents. Submission before
recordation is allowed. .
Comment" The building rlepartmentwanted to getstarted on therniew oftheprojectimmedi.at.ely andasthe
recordation has not yet occurred we felt it important to add the flexibility to submit prior to recordation.
c) Certificate of Occupancy: Within thirty (30) months after issuance of a building
permit, but no sooner than the receipt of a certificate of occupancy for the Bavarian
Inn affordable housing project. .
Change to: b) Certificate of Occupancy: Within thirty (30) months after commencement of
construction, but no sooner than the receipt of a certificate of occupancy for both phases of
the Bavarian Inn affordable housing project.
Comment: The GalenaPlace lawsuit is impacting our ability to get constructionfirumcing so 1 can'tpredict
when our start will occur. 1 can stick to the 30 month time line once construction commences.
2. Lot 3, Top of Mill
a) Permit Applications for Infrastructure and Removal of Fill Material: Submit
application(s) within thirty (30) days after recordation of all final Aspen Mountain
PUD docurnents.
Change to: a) ~nit Applications for Infrastructure ar0emoval ofFill Material: Submit
application(s) within thirty (30) days after recordation of all final Aspen Mountain PUD
documents. Submission before recordation is allowed. .
Commenc' The goal hm is to get us to do this within 30 days of recordation. All we are askingfor hm is
for the ability to apply before recordation. Permits fOr T reeremoval,fencing anddemolition are already in
place. .
b) Building Perrnit Applications: At owner's discretion, but no sooner than the issuance
of a building permit for the Bavarian Inn affordable housing project.
Change to: b) Building Permit Applications Parcels 3, 4, 5, 6,7, and 8: At owner's discretion,
but no sooner than the submission for a building permit for Phase 1 of the Bavarian Inn
affordable housing project.
Comment:
. The change is from "issuance" to "s.ebmittal" ofa Buildingpermic As a buildingpermitfor Phase
2 {the new Bavarian)will be delayed whileweprocess therequested change to builda new structure.
. The submission of a buildingpermit application on Phase 1, combined with the guarantees
associated with the CO of the GrandAspen being held up by the Bavarian (both phases)we believe
gives the City adequate assurance that we will build the Bavarian. We just have to do this in 2
phases because we want to do the new building and hope the process will allow us to do so.
. WIthout this requested change constructing a new building, instead of remodeling the old building, is
problematic at besc We believe it is in everyone~ best interest: to tear dawn the oldlnnand builda
new one.
c) Certificate of Occupancy for the Parcell Multi-Farnily Free Market Units: No sooner
than the receipt of a certificate of occupancy for the Parcel 2 affordable housing
units.
Change to: Final Inspection forthe Parcell Multi-Family Free Market Units: No soonerthan
the receipt of a certificate of occupancy for the Parcel 2 affordable housing units.
Commenc We wm requested to change this from "Certificate of Occupancy" to "Finallnspection" by the
City, and are happy to do it. .
d) Final Inspection for the Duplex Free Market Units on Parcel 3 and the Single-Family
Free Market Units on Parc"ls 4, 5, 6, 7 and 8: No sooner than the receipt of a
certificate of occupancy for an on-site accessory dwelling unit or upon the payment
of the applicable affordable housing irnpact fee.
No change requested.
3. Bavarian Inn Affordable Housing Project
a) Building Perrnit Application: Within ninety (90) days after recordation of all final
Bavarian Inn Affordable Housing Project PUD documents.
Change to: a) Building Permit Application: Within ninety (90) days after recordation of all final
Bavarian Inn Affordable Housing Project PUD documents. Submittal prior to recordation is
acceptable.
CommencAs reco.r';on will bedelayed while the new BI isproces.~eare requesting theability to iet
Phase 1 going as soon aspossible, by not having to delay submittals while that change is processed Ibis
allows us to speed up the process on Phase 1.
b) Commencernent of Construction: Within thirty (30) days after receipt of building
perrnit for Bavarian Inn project but no sooner than the recordation of all final Aspen
Mountain PUD docurnents. However, should said permit fall within the months of
December 1st to March 31st then commencernent shall begin no later than by May
1st of that year.
Change to: b) Commencement of Construction: Within thirty (30) days after receipt of .
building permit for each Phase of the Bavarian Inn project but no sooner than the
reC'brdation of all final Aspen Mountain POO documents. However, should said permit fall
within the months of December 1st to March 31st then commencement shall begin no later
than by May 1st of that year.
Comment:As the Bavarian isproposed to be builtin two phases to accommodate theapproval of the new
building we would like the room to move f07ward on Phase 1 while Phase 2 is being rnJiewed by the City.
. c) Certificate of Occupancy: Within eighteen (18) rnonths of the date of commencernent
of construction as set forth in paragraph b. above.
No requested changes
Also, for your information, below is a quick summary of the Bavarian schedule as we see it today:
. Asbestos removal on existing BI: completed
. Demolition permit application (phase 1): submitted.
. Complete fencing of project: completed .. .
. Demolition to commence within one week after Demo permit issuance. Note that we are
not planning on demolishing the existing BI until the new BI is approved. Demolition of
other buildings, overlot grading and infrastructure all to commence immediately upon permit
. .
Issuance.
. Building permit application for Phase 1 ofBI no later than May 31 (hopefully by May 15-
but I am building in a cushion here). Commencement and completion of construction as
required above.
We appreciate your support in these requested changes.
Sincerely,
Four Peaks Development, LLC
Scott Writer, Manager
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MEMORANDUM
To:
Mayor and City Council
lilli, Ann Womb, eo,;,muoity D,~clopm~t rmoc1o, (I, /
Fred Jarman, Planne~.:s. 71
May 13,2002
Thru:
From:
Date:
Re:
Ordinance Amending Aspen Mountain PUD Development Dates--
("Section M Amendment") - First Readin2
Summary
Grand Aspen Lodging, LLC, represented by Four Peaks Development, is requesting approval
from the City Council to amend the Section M Amendments for the Aspen Mountain PUD
(hereinafter "AMPUD"). The purpose of the amendment is to alter permit application,
construction, and certificate of occupancy dates for the three proj ects, due to a pending lawsuit
and a proposed amendment to the Bavarian Inn affordable housing PUD. Staff recommends the
City Council approve the requested changes with conditions.
Background
The Section M Amendments are a formal part of the AMPUD approvals. The Section M
Amendments outline the demolition, permit application, construction, and certificate of
occupancy dates regarding development on Lot 3 (aka "Top of Mill" site), Lot 5 (aka "Grand
Aspen" site), and the Bavarian Inn affordable housing project.
Grand Aspen Lodging, LLC would like to amend the Section M Amendments due to two
primary reasons:
A) Immediately following approval for Lot 5 of AMPUD, Four Peaks Development has
been engaged in a lawsuit which has made it difficult to achieve construction fmancing
which may impact the timing on the approved development schedule for the Grand
Aspen project; and
B) Following extensive investigations of the existing Bavarian Inn structure, Four Peaks
Development determined that it is preferable to demolish the Bavarian Inn and rebuild
rather than conducting extensive remodeling of the existing Bavarian Inn. Due to this
realization, Four Peaks Development recently submitted a land use application to the
City to gain approval to replace the exiting Bavarian Inn with a new structure.
Four Peaks Development requests to move forward with the construction of all of the
other three buildings in the Bavarian Inn project while the City processes the proposal for
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the new Bavarian Inn. This element of the development will be referred to as "Phase 1"
of the project and includes the four units in "Building W", the five units in "Building S"
and the two units in "Building N" as labeled on the Final PUD Development Plan
(attached as Exhibit 4). Phase 2 refers to the new Bavarian Inn building.
Discussion
Specifically, the requested amendments are due to potential construction timing impacts that may
result from a pending lawsuit and a proposed PUD Amendment to the Bavarian Inn affordable
housing project. Staff has provided the current and binding Section M Amendment language
below with the modifications proposed by the Applicant. Language to be deleted has been
indicated by being strick€n through. Language to be added has been underlined. Additional
comments by Staff for the analysis of this request are provided in italics following each
provision. Lastly, Staff has provided a recommended action to City Council for each request
below.
Section 1:
1. Lot 5, Grand Aspen Hotel site
a)_._Dem{)liti{)n_Time--'f.able.--Commencement.tooccur..on-or.beforeApril.-16,-2(}(il.-with
completien.._no_._later_.than...July-.-:J-l-,-.;WGl,-An..-initcial.__meeting--shall--occur._.l3etween
Savannah_and._th<l_adjacent-neighbors.l3y..Januar-y-.3l,.-2.QOO-to.-discuss--thedemeJ.ition
process, [Four Peaks Development would prefer to delete this language because the
demolition has been completed.]
}- Staff Recommendation to City Council on this request: Approve request.
b) Building Permit Application Submission: Within one hundred and eighty (180) days
after recordation of all final Aspen Mountain PUD documents. Submission before \
recordation is allowed. [Four Peaks Development was able to submit building plans for
review at the request of the City's Building Department prior to recordation because of
additional time it may take to review the plans. Four Peaks would like to add language
that allows submission of the building permit application, prior to the recordation of all
final AMPUD documents. Stafffeels that any permit review is done at the Applicant's
risk in that no permits shall be issues until all the PUD documentation has been
recorded.]
}- Staff Recommendation to City Council on this request: Approve request with
suggested changes.
c) Certificate of Occupancy: Within thirty (30) months after commencement of
constructionissuance of a bucilding permit, but no sooner than the receipt of a certificate
of occupancy for both phases of the Bavarian Inn affordable housing project. [The
lawsuit is impacting Four Peaks Development's ability to get construction financing so
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they cannot exactly predict when project commencement will Occur. They indicate that
they are still able to meet the 30-month construction time line. In addition, Staff would
like to include language that requires the City's Chief Building Official to determine to
his satisfaction when certificate of occupancy is ready to be issued}
>- Staff Recommendation to City Council on this request: Approve request with
suggested changes. .
2. Lot3, Top of Mill
a) Permit Applications for Infrastructure and Removal ofFill Material:
Submit application(s) within thirty (30) days after recordation of all final Aspen
Mountain PUD documents. Submission before recordation is allowed. [Again, as with
the Grand Aspen, Four Peaks Development was able to submit building plans for
review at the request of the City's Building Department prior to recordation because of
the additional time it may take to review the plans. Four Peaks would like to add
language that allows submission of the building permit prior to the recordation of all
final AMPUD documents. Stafffeels that any permit review is done at the Applicant's
risk in that no permits shall be issued Until all the PUD documentation has been
recorded}
>- Staff Recommendation to City Council on this request: Approve request with
suggested changes.
b) Building Permit Applications for Parcels 3, 4, 5, 6, 7, and 8: At owner's discretion,
but no sooner than the issuance of submission for a building permit for Phase I of the
Bavarian Inn affordable housing project. [Phase 2 is the new Bavarian _ and that
element is guaranteed with its linkage to the Final Inspection at the Grand Aspen. Staff
understands the request to break up the Bavarian Inn project into two phases, but
remains concerned that even the current language in the Section M Amendments is
vague regarding the tie of the completion of the Bavarian to any development activity
on Lot 3. As a result, Staff recommends that the language regarding issuance of a
buildin/< permit remain as opposed to submission for a permit as requested by the
Applicant.}
>- Staff Recommendation to City Council on this request: Deny request & keep
currently adopted language modified to reflect the separation of the Bavarian
into Phase I and II.
c) Gel'tiikate of OGGupaney-Final Inspection for the Parcel 1 Multi-Family Free
Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2
affordable housing units. Or, if accepted by City, payment of in lieu fees or approval of
an acceptable off site location. (Staff requested this change in language from "CO" to
"Final Inspection" because COs are a jUnction of financing. More specifically, if a
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purchaser does not need financing and pays cash for the free market units, they would
not need a Co. Therefore; the Final Inspection will be the trigger, as all projects
require a final inspection.
Secondly, Staff does not recommend City Council approve this request for the payment
of cash-in-lieu instead of constructing the affordable housing on parcel 2. This would
represent a dramatic change from what has been represented to City Council as part of
their approvals for the Top of Mill portion of AMPUD. 4 Peaks Development may
request and apply for an amendment to the approved PUD to more properly address
this request.)
>- Staff Recommendation to City Council on this request: Deny request, keep
currently adopted language, and recommend the Applicant pursue a PUD
Amendment to address the issue.
d) Final Inspection for the Duple-x Free Market Units on Parcel~ 3,-an4-the-Single-
Family-F-Fee-Ma-Fket-lJnits-on--F-aF~ls 4, 5, 6, 7 and 8: No sooner than the receipt of a
certificate of occupancy for an on-site accessory dwelling unit or upon the payment of
the applicable affordable housing impact fee. (There is no real change in this language;
the jact that only a duplex can be constructed on Parcel 3, and single-family dwellings
can be developed on lots 4-8 has already been represented in the application. Further,
the owners of those lots are required to mitigate for AH].
>- Staff Recommendation to City Council on this request: Approve request.
3. Bavarian Inn Affordable Housing Project
a) Building Permit Application: Within ninety (90) days after recordation of all final
Bavarian Inn Affordable Housing Project PUD documents. Submittal prior to
recordation is acceptable. (As recordation will be delayed while the new Bavarian Inn
is processed, Four Peaks Development would like the ability to get Phase I going as
soon as possible. Again, Staff feels that any permit review is done at the Applicant's
risk in that no permits shall be issued until all the PUD documentation has been
recorded.)
>- Staff Recommendation to City Council on this request: Approve request.
b) Commencement of Construction: Within thirty (30) days after receipt of building
permit for each Phase of the Bavarian Inn project but no sooner than the recordation of
all final Aspen Mountain PUD documents. However, should said permit fall within the
months of December 1 st to March 31st then commencement shall begin no later than
by May 1st of that year. {The Applicant would like to move forward with Phase I of the
Bavarian Inn affordable housing project while the City reviews the proposed
amendment to the Bavarian Inn PUD in order to demolish and reconstruct a new
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Bavarian Inn structure. The Applicant has submitted the application requesting to
amend the Bavarian Inn PUD and is scheduledfor review by the Planning and Zoning
Commission on May 21st]
>- Staff Recommendation to City Council on this request: Approve request.
c) Certificate of Occupancy: Within eighteen (18) months of the date of
commencement of construction as set forth in paragraph b. above. [Staff would like
this language to be amended to include "and upon approval of the Chief Building
Official. ''j
>- Staff Recommendation to City Council on this request: Approve request as
amended.
Additional Staff Comments:
Staffs main concern regarding modifications to the Section M Amendments is that the
commitment made by Four Peaks Development to complete the Bavarian Inn affordable housing
project continues to be memorialized and honored. More importantly, the intent of the Bavarian
Affordable Housing project concept was not only as mitigation for the Grand Aspen Hotel, but
also the result of a commitment made by the previous owner, Savanah, to satisfy, in part, the
commitment to provide to the community additional affordable housing as part of the vote for the
Ritz Carleton approval.
These proposed amendments recognize that Savanah I Four Peaks Development met the
provision requiring the demolition of the old Grand Aspen Hotel. These proposed amendments
also continue to' tie the completion of the Bavarian Inn affordable housing project to the
completion of the new Grand Aspen project. Lastly, these proposed amendments break up the
construction of the Bavarian Inn into two phases so that work may begin on the smaller buildings
while the main Bavarian Inn Structure returns to the City Council for review of its demolition to
allow a new Structure to be built in its place.
Staff finds while these proposed amendments do not significantly jeopardize the commitment
made to the City of Aspen by Four Peaks Development to complete the Bavarian Inn affordable
housing project in conjunction with Lot 5, Staff remains concerned that if the new Grand Aspen
is never realized, then the Bavarian Inn project would never be completed. Further, Staff finds
the currently adopted Section M Amendments contain language that is vague regarding Lot 3 in
connection to the Bavarian Inn project, but is more restrictive than the proposed language
submitted by the Applicant. Staff recommends the existing language remains unchanged.
Staff Recommendation
Staff recommends City Council approve amending Section M of the First Amended and Restated
Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision with the
conditions stated herein.
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Recommended Motion:
"I move to approve Ordinance No. _, Series of 2002, amending Section M of the First
Amended and Restated Planned Unit Development/Subdivision Agreement for the Aspen
Mountain Subdivision with the conditions stated herein."
City Manager Comments
Attachments:
Exhibit I:
Exhibit 2:
Exhibit 3:
Exhibit 4:
Current Section M Amendments
Ordinance No. 53, Series of2000
Applicant's Petition
Bavarian Subdivision / PUD Plan
6
..---..
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AFFIDA VIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESSOFPROPERTY: h.5pe.1A AouV\t-U\'V\ fJu Dspen,co
SCHEDULED P~;L1C HEARING DATE:S J j 3 ) () <=-
I I
.200_
STATE OF COLORADO )
) ss.
County or Pitkin )
!, ~OI \.A.-c~ LJ ~ d J- (name, please print)
being or representing an AppliGantto the City of Aspen, Colorado, hereby personally
certify that! have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
K Publication of no lice: By the publication in the legal notice section ofan official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is auached hereto.
_ Posting of notice: By posting of notice, which form was obtained from the J
Community Development Department, which was made of suitable,
... wa~erptoof materials, which was not less than twenty-two (22) inches wide )
,JV,~ndhventy-six (26) inches high, and which was composed ofletters not
{fj:~le~s than one in~.h in h~ight. Said notic~ was post~d. at least ten (10) days
iJ .' pno[' to.the public hearing and was contliluously VISIble from the _ day of
\.\0 \ """,_ ",200_, to and including the date and time of the public
":q,....hearing. A photograph of the posted notice (sign) is auached hereto.
~:.}>:)""""" ... .
_~.S{(f.;jj11rigofnotice. By the mailing ofa notice obtained from the Community
De~i6pment Department, which contains the information described in SecJion
26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days priO" to the
public hearing, notice was hand delivered or mailed by first class, postage ~repaid .
U.S. mail to all owners of property within three hundred (300) feet of the property
subject to the development application, and, at least fifteen (15) days prior to the
public hearing, notice was hand delivered or mailed by first class postage prepaid
U.S. mail to any federal agency, state, county, municipal govemment, school,
service. district or other governmental or quasi-governmental agency that owns
property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is auached hereto.
(continued on next page)
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Rezoning or lext amendment. \Vhenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sLlfficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
The forego\nro "Affidavit of Notice" was acknowledged b~fore m,:,~~ay
of {/:J.rpr 1 ,200 ~ by ~;--..Y-"S ;--<1"r,
-. ' ,- _,' ", ',", "'Y':"~"""r7:i;"'d"";'..,"'0'i!""~:;;';"'~",,,"' _
pUBU.y~911~~","__,," , PEN
i :ND'- MENr TO SEtTlON tV! OF ,AS ",','
RE: AME, , / ,:,,",; """'-AM'Ef.:li:f"cbNStimCTi01*,:;::':"':~
MOUNTA1N pyn,~ '.'''' ..... ",.,"" . . _," ,..,....:...... _.":;.0"<.'_",~},:,,,
SCHEDULE,. ", .
OTIGE"'fS~BY GIVEN th~t 'P\l b He,' ,~, ",~m g
:illbe heldonMo ,ay, May 13, 2002. at,a m~E;!.;
ing to begin at 5; p.m. before the Aspen Cit~
. C C' "'il Chambers, City Hall, 130 S.
Councli,lty oun~,,: ',",,:','-,--~'--~"; '~..".",," 't}:.
GalenaSt:,Aspen, to ,conside~ ~~ppll,ea~~?~,~~,,, , .
mitted, by' Fou{pea)t:~P~"~~_o,,PlTl~?t,,~:Cl~~~,I~~c;:',:, '
dment to Section M 01 the ~pen M.,o~~,:
an amen "", ,::,,,:,,,,,,,,,"'<"",",,",:.~,,;,,.,,o'h"-'='''''''6'6nstruCtlon'-': ',:'"
laIn PUDISubdtvIsl(lO J?:s"~"nge,, ' ,,- "--53'
datestlj~t~,e~_,s~.J~,th,~, PllR~~".9~:n~ne~l
~ f iOoO'lorLOt"S4:Bt 3~he 'B~~rranlnn,'i.:';+;"~"~'
o 1'""," """"'.""""""-::'{I""-'d""~""'''r115eaasLOts 3 & S, Ripeif'"
propertylsleg",y ese", ,- ""C't'" dto
Mouritain Subdivision, and PUD:,~nd,I~I':~E~~,:,..",:",,,<,, '
as ih~'To~ :~tMlir~il~':~[1'J~i'.9!,~~,~,,~_~~~',~~~:~
site respectively. " , '- t
For 'furtlierinlormatiOri,~Oritae;~~..J.~~!L-,:,'~""
th(?Asp~litom~b~itY r5e~"e~t De_p,artlDe~t,
.130S._G'I"n.'..S}"-,Ijs,.~"!:~?_,,,,,~?,~)?,,'Q.S,,,,I,o, :'::0..':: ,bY~
ernaH at'frooj@cl.aspen. o,us. ',", "
""";:'''7.'' ,', ',": 's/Hel KaI,ln Kla~d,~r~~, ~ar?r
" ", :", :'" , "Aspen City Council
publlshedin The :Asp Times 'on April 27th,
2002.(8671)
WITNESS MY HAND AND OFFICIAL SEAL
'1/..2-3/ ;;L.LJD :s
My commistexPires:
..s _ _J
Notary Public
ATTACHMENTS:
.':OPYOFTHE PUBLICATION
. '" , .
PFwiOGMPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERMY/ENTAL AGENCIES NOTICED
BYMAIL
--
("')
f""""J
,
PUBLIC NOTICE
RE: AMENDMENT TO SECTION M OF ASPEN MOUNTAIN Pun TO AMEND
CONSTRUCTION SCHEDULE
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, May 13,
2002, at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council
Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Four
Peaks Development, requesting an amendment to Section M of the Aspen Mountain
PUDISubdivision to change construction dates that were set in the PUD and Ordinance 53 of
2000 for Lot 5, Lot 3, and the Bavarian Inn. The property is legally described as Lots 3 & 5,
Aspen Mountain Subdivision and PUD; and is referred to as the Top of Mill site and the
Grand Aspen Hotel site, respectively. For further information, contact Fred Jarman at the
Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5102
or by email atfredj\alci.aspen.co.us.
slHelen Kalin Klanderud, Mayor
Aspen City Council
Published in the Aspen Times on April 27'\ 2002
-------------
City of Aspen Account
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lWenz0 'ran dunzI
To:
cc:
Fred J annan
Sunny Vann, Ran Garfield
1.---- - ..- --- .--.- ---.- ------ ------..---- --.-.---.----. ..------------------ ---J
From: Scott Writer teL, 970.925.2114
Four Peaks Development fax: 970.925.1036
_ ___. . <2~nd_Asl'.en I:o~lQng2 _L.!:C . _!-"!.aij~ __swrit!~tl.rJ!.eaks:'!.~eloJ?.'!::n!::'!.m _
April 19 , 2002
R-304
Pro osed Section M amendment
Below is what we would like to see in tenus of changes to the Section M agreement
(Ordinance 53-2000). To help facilitate your review I am presenting this in a redlined format
with our request changes shown as compared to the existing language and [our comments
and/ or explanations shown in italics.)
First, we need to establish some new facts:
Whereas. Grand Aspen Lodging LLC. represented by Four Peaks Development
("4P"). purchased the property from Savanah Limited Liability Partnership on January 11.
2000: and
Whereas. after detailed investigation into remodeling the existing Bavarian Inn ("BI")
4P has determined that it is preferable to demolish the existing BI and rebuild on the existing
foundation: and
Whereas. 4P has submitted a Land Use application dated April
to gain approval to replace the exiting BI with a new structure: and
. 2002 to the City
Whereas. 4P wishes to move forward with the construction of all of the other three
buildings in the project while the proposal for the new BI is processed by the City. This
element of the development will be referred to as "Phase 1" of the project and include the
four units in "Building W". the five units in "Building S" and the two units in "Building N"
as labeled on the Final PUD Development Plan. Phase 2 will hereinafter refer to the new BI
building.
Below are our requested changes to Section 1:
Section 1:
1. Lot 5, Grand Aspen Hotel site
a) Demolition Time Table: COlftffiefieemeat to oeem oa or before }q3rid 16, 2001
..ith completioa fiO latcr thaaJuly 31,2001. },a initial a,cetiag shall ocetlf bcp..eea
S""aaaah aae the adjaeeat neighbors bJ J afitlal'} 31, 2000 to diSW3S the demolitioa
process. [This has been completed.)
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b) Building Permit Application Submission: Within one hundred and eighty (180)
days after recordation of all final Aspen Mountain PUD documents. Submission
before recordation is allowed. [The Building Department is alreacfy working on our plans-
so I just want this changed to protect us from third parry challenges.)
c) Certificate of Occupancy: Within thirty (30) months after commencement of
constructioni331'tftflee of ft buildiflg permit, but no sooner than the receipt of a
certificate of occupancy for bod, phases of the Bavarian Inn affordable housing
project. [The lawsuit is impacting our abiliry to get construction financing so I can'tpredict when
our start will occur. I can stick to the 30 month time line. if you want this as Final Inspection
that is }ine.)
2. Lot 3, Top of Mill
a) Permit Applications for Infrastructure and Removal of Fill Material:
Submit application(s) within thirty (30) days after recordation of all final Aspen
Mountain PUD documents. Submission before recordation is allowed. [Again, as
with the GA, I am just trying to }it this into realiry and protect us from outside challenge)
1 b) Building Permit Applications Parcels 3. 4. 5. 6. 7. and 8:
At owner's discretion, but no sooner than the i3stlftflee efsubmission for a building
permit for Phase 1 of the Bavarian Inn affordable housing project. [phase 2 is the new
Bavarian - and that element is guaranteed with its linkage to the Final Inspection at the Grand
Aspen, as are all 0/ the above units with that CO. IdeallY I'd just slnke this section - but it
didn't seem like Julie would go there.)
c) Certiiieate ef Oeeuj3aney Final Inspection for the Parcell Multi-Family Free
Market Units: No sooner than the receiptof a certificate of occupancy for the
ParcelZ affordable housing units. Or. ifaccepted bv CItj.payment of in lieu fees or
approval of an acceptable offsite location. [I changed this to }it your request to drop the CO
language as it relates to .free market units. I ldi it in on the Affordable housing}iguring that is
what you would want. The additional language contemplates a future request to be made.)
d) Final Inspection for the Duplex Free Market Units on Parcel~ 3. ana the
Single Family Free Marlcet Units en Pareels 4, 5, 6, 7 and 8: No sooner than
the receipt of a certificate of occupancy for an on-site accessory dwelling unit or
upon the payment of the applicable affordable housing impact fee.
3. Bavarian Inn Mfordable Housing Project
a) Building Permit Application: Within ninety (90) days after recordation of all
final Bavarian Inn Affordable Housing Project PUD documents. Submittal prior
to recordation is acceptable. [As recordation will be delqyed while the new BI is processed I
want the abiliry to get Phase 1 going as soon as possible).
b) Commencement of Construction: Within thirty (30) days after receipt of
building permit for each Phase of the Bavarian Inn project but no sooner than the
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recordation of all final Aspen Mountain PUD documents. However, should said
permit fall within the months of December 1 st to March 31 st then
commencement shall begin no later than by May 1 st of that year.
c)
Certificate of Occupancy: Within eighteen (18) months of the date of
commencement of construction as set forth in paragraph b. above.
For your information, below is a quick summary of the schedule as we see it today:
.
Asbestos removal on existing BI starting: April 12
Demolition permit application (phase 1) by April 15.
Complete fencing of project by April 26 (hopefully sooner).
Demolition to commence within one week after Demo permit issuance. Note that
we are not planniog on demolishing the existing BI until the new BI is approved.
Demolition of other buildings, overlot grading and infrastructure all to commence
immediately upon permit issuance.
Building permit application for Phase 1 of BI no later than May 31 (hopefully by
May 15 - but I am building in a cushion here).
.
.
.
.
Thanks again,
Scott
.
II
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lVIe?no~andu?n1
To:
CC:
Julie Ann Woods
Sunny Vann, Ran Garfield
Scott Writer
Four Peaks Development
Grand Aspen Lodging, LLC
Date: April 11, 2002
Rei: R-303
Em:
<
tel.'
fax:
e-mail.'
970.925.2114
970.925.1036
swriter@fourpeaksdevelopment.com
Below is what we would like to see in terms of changes to the Section M agreement
):"(Ordinance 53-2000). To help facilitate your review I am presenting this in a redlioed format
with our request changes shown as compared to the existing language and [our comments
and/ or explanations shown in italics.)
First, we need to establish some new facts:
Whereas. Grand Aspen Lodging. LLC. represented by Four Peaks Development
("41'''). purchased the property from Savanah Limited Liability Partnership on January 11
2000: and
Whereas. after detailed investigation into remodeling the existing Bavarian Inn (''Bl'')
41' has determined that it is preferable to demolish the existing BI and rebuild on the existing
foundation: and
Whereas, 41' has submitted a Land Use application dated April
to gain approval to replace the exiting BI with a new structUre: and
. 2002 to the City
Whereas, 41' wishes to move forward with the construction of all of the other three
buildings in the proiect while the proposal for the new BI is processed by the City. This
element of the development will be referred to as "Phase 1" of the project and include the
four units in "Building W". the five units in "Building S" and the two units in "Building N"
as labeled on the Final PUD Development Plan. Phase 2 will hereinafter refer to the new Bl
building.
Below are our request changes to 5 eetion 1:
Section 1:
1. Lot 5, Grand Aspen Hotel site
a) Demalitiea Time Table: Commcneement to eeem on or hefDlc }lprilI6, 2001
'.. ith completion no later than July 31, 2001. },n initifrl meeting shall eeem set\, een
~a. annah ane the acljaeeflt neighhars hy January 31,2900 to diSeu33 the demelition
preee33. [This has been completed)
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JVIe?norandu?n1
I
b) Building Permit Application Submission: Within one hundred and eighty (180)
days after recordation of all final Aspen Mountain PUD documents. Submission
before recordation is allowed. (The Building Department is alreac!J working on our plans-
so I just want this changed to protect us from third parry challenges.)
c) Certificate of Occupancy: Within thirty (30) months after commencement of
constructionissliaaee of a buildinS permit, but no sooner than the receipt of a
certificate of occupancy for both phases the Bavarian Inn affordable housing
project. (The lawsuit is impacting our ability to get construction financing so I can't predict when
our start will occur. Once it does start I can stick to the 30 month time line.)
2. Lot 3, Top of Mill
a) Permit Applications for Infrastructure and Removal of Fill Material:
Submit application(s) within thirty (30) days after recordation of all final Aspen
Mountain PUD documents. Submission before recordation is allowed. [Again, as
with the GA, I am just trying to fit this into reality and protect us from outside challenge)
b) Building Permit f.pplieatiefis: (5...1.....'<<.,..)
},t o"aer's Eiiseretioa, blit ao sooaer thaa t11e isstlaaee of a builcliag pemrit for the
Ila. ariaa Iaa afforaable hOliSing project
"Final Inspection for the Duplex Free Market Units on Parcel 3 and the
Single-Family Free Market Units on Parcels 4. 5. 6. 7 and 8: No sooner than
the receipt of a certificate of occupancy for Phases 1 and 2 of the Bavarian Inn
affordable housing project. [What seems important is not when permits are applied ftr or
issued, but when units are available ftr the community. This puts the onus on us to make sure
these units are done by a specific deadline. I can't submit ftr a building permit on the new BI until
it is approved by the Council We will commit to jam on the BI when it is approved and have it
catch up with Phase 1 by tying it to these free market CO's.)
c) Certifieate ef OeetlJlaaey Final Inspection for the Parcell Multi-Family Free
Market Units: No sooner than the receipt of a certificate of occupancy for the
Parcel 2 affordable housing units. [I changed this to fit your request to drop the CO language
as it relates to free market units. I left it in on the Affordable housingfiguTing that is what you
would want.)
d) Final Inspection for the Duplex Free Market Units on Parcel 3 and the
Single-Family Free Market Units on Parcels 4, 5, 6, 7 and 8: No sooner than
the receipt of a certificate of occupancy for an on-site accessory dwelling unit or
upon the payment of the applicable affordable housing impact fee.
3. Bavarian Inn Affordable Housing Project
a) Building Permit Application: Within nioety (90) days after recordation of all
final Bavarian Inn Affordable Housing Project PUD documents. Submittal prior
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to recordation is acceptable. [As recordation will be delqyed while the new BI is processed I
want the ability to get Phase 1 going as soon as possible}.
b)
Commencement of Construction: Within thirty (30) days after receipt of
building pennit for each Phase of the Bavarian Inn project but no sooner than the
recordation of all final Aspen Mountain PUD docwnents. However, should said
pennit fall within the months of December 1st to March 31st then
commencement shall begin no later than by May 1 st of that year.
c)
Certificate of Occupancy: Within eighteen (18) months of the date of
commencement of construction as set forth in paragraph b. above.
Julie Ann, I would appreciate your support on this. Please let myself, or Sunny know as
soon as possible if you have any objections or recommended changes. Once we hear form
you we will produce a final copy for your review and submittal to Council. For your
information, below is a quick summary of the schedule as we see it today:
.
Asbestos removal on existing Bl starting: April 12
Demolition pennit application (phase 1) by April 15.
Complete fencing of project by April 26 (hopefully sooner).
Demolition to commence within one week after Demo pennit issuance. Note that
we are not planning on demolishing the existing BI until the new BI is approved.
Demolition of other buildings, overlot grading and infrastructure all to commence
immediately upon permit issuance.
Building pennit application for Phase 1 of BI no later than May 31 (hopefully by
May 15 - but I am building in a cushion here).
.
.
.
.
Thanks again,
Scott
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RECEiVED
NOY 3 0 lOCO
I
ASPEN I PITKIN .
COMMUNITY DEVELOPMENT
~S"r
Memorandum
To:
Mayor and City Council
Thru:
Steve Barwick, City Manager r
Julie Ann Woods, Community Development Directot,
Joyce A. Ohlson, Deputy Director
From:
Date:
November 27,2000
Re:
An Ordinance Amending Aspen Mountain PUD/Subdivision Agreement
Development and Reconstruction Credit Dates-Ordinance #53, Series of
2000, 1 ,t Reading
(a.k.a. Section L & M Amendments)
Summary:
A letter was received by the Community Development Department, dated November 16,2000,
(Exhibit A) from John Sarpa of Savannah Limited Partnership requesting to amend certain
construction dates and reconstruction credit dates associated with the Aspen Mountain
PUDISubdivision Agreement.
Savannah's letter provides a rationale and justification for extending and amending the
construction dates for the Aspen Mountain PUD .and Bavarian Inn PUD, along with proposed
dates for the use of the reconstruction credits associated with the project. The main justification
is that of the logistics and timing of gaining land use approvals as well as having a better grasp of
a more realistic construction timeline.
Section M of the Aspen Mountain PUD states that City Council may provide an extension of
one or more of the time peri0.ds as it may deem appropriate. These extensions may not be
unreasonably withheld by Council "if the Owner demonstrates by a preponderance of the
evidence that the reasons for the delay(s) which necessitate such extensions(s) are beyond the
control of the Owner, despite good faith efforts on its part to perform in a timely manner."
Savannah originally submitted applications for Lot 3 (Top of Mill) and Lot 5 (Grand Aspen Site)
in January 1996. They had completed their review with the Planning & Zoning Commission and
were beginning a series of meetings with City Council when disruptions occurred to the
management structure of the, then, Ritz-Carlton Hotel. In addition, direction had been given to
Savannah as to how they might make their project more responsive to community interests. In
order to evaluate and respond to these issues, Savannah delayed the Aspen Mountain PUD
review process. Savannah submitted revised applications for the Bavarian site, Lot 3 and Lot 5
in September of 1998. These projects gained conceptual approval from the Planning and Zoning
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Commission on August 24, 1999 and from the City Council on December 6,1999. It is
anticipated that plans for the final review process will be submitted by Savannah on or near
December 6,2000 so that the project may continue through the City's review process.
[For information purposes, Savannah submitted an application for a demolition permit (for the
Grand Aspen Hotel) in a timely manner in October of this year and intends to commence with
demolition after the 2000-2001 ski sea~on.J
Discussion: Staff believes that granting Savannah the requested extension~ is con~istent with the
requirements for amendment of the PUD. The revised construction date~ indicate a more
reasonable timeline for the redevelopment of the all of the subject sites. The revi~ed dates also
show a dependency within the dates for the projects to be coordinated, especially with regard to
the provision of affordable housing. For example, the Building Permit Applications for Lot 3,
Top of Mill can not be submitted sooner than the issuance of a building permit for the Bavarian
Inn affordable housing project. Stafffeels comfortable with the "checks and balances" that are
brought into this complex development picture through these amendments. We feel this is a
benefit of the amendments. Staff also acknowledges that the dates for construction are well
beyond what has ever been contemplated. It should be noted that the projects (AMPUD and
Bavarian) are not likely to be through with the City's development review processes until late
summer (2001) and if construction does not COmmence immediately that Fall, a year 2002 Spring
constmction commencement would occur. It is easy to then see how the timeline gets shifted off
to future years.
Financial Implications: Because the applicant is responsible for payment of staff time involved
in the review of development applications, there are no significant financial implications for the
City in granting this extension of development deadlines. However, staff believes it is in the
City's best interest to have demolitions occur by the end of July with expectation that
construction could occur shortly after that date.
Recommendation: Staff recommends that the proposed ordinance be adopted on first reading
and a public hearing be set for second reading on December 11, 2000.
Proposed Motion: Staff recommends the following motion:
"I move to approve Ordinance No. 53, Series of2000, amending Section Land M of the First
Amended and Restated Planned Unit Development/Subdivision Agreement for the Aspen
Mountain Subdivision."
City Manager
Comments:
Attachments:
Exhibit A--Applicant's Letter
C:/home/joyce/ AmpudSecL&M'OO